cV          •% 


AN 


HISTORICAL   RESEARCH 


RESPECTING    THE 


OPINIONS   OF  THE   FOUNDERS   OF  THE  REPUBLIC 

ON  NEGROES   AS   SLAVES,  AS   CITIZENS, 

AND   AS    SOLDIERS. 


READ   BEFORE  THE  MASSACHUSETTS  HISTORICAL   SOCIETY, 
AUGUST  14,  1862. 


BY 


GEORGE   LIYERMORE. 


BOSTON: 

PRINTED  BY  JOHN  WILSON  AND  SON. 

1862. 


!  1FTY     COPIES     PRINTED    ON     LARGE     PAPER. 


MASSACHUSETTS   HISTORICAL    SOCIETY, 
AUGUST  MEETING,  1862. 

EXTRACT  FROM  THE  RECORDS. 

A  stated  monthly  meeting  was  held  this  day,  Thursday,  August 
14th.  In  the  absence  of  the  President  (the  Hon.  ROBERT  C. 
WIXTIIROP),  Colonel  THOMAS  ASPIXYTALL,  one  of  the  Vice-Presi 
dents,  took  the  chair. 

Mr.  LIVERMORE  communicated  a  paper  (portions  of  which  he 
had  read  at  the  July  meeting)  "  On  the  Opinions  of  the  Founders 
of  the  Republic  respecting  Negroes  as  Slaves,  as  Citizens,  and  as 
Soldiers." 

Mr.  NORTON  moved,  That  the  thanks  of  the  Society  be  presented 
to  Mr.  Livermore,  and  that  a  special  Committee  be  appointed  to 
print  the  paper  at  the  expense  of  the  Society. 

Before  this  motion  was  put,  Mr.  LIVERMORE  remarked,  that  he 
began  his  research  as  an  individual  effort,  intending  to  print  a  few 
copies  only,  for  private  distribution.  He  had  brought  the  subject 
before  the  Society  at  the  July  meeting,  that  he  might  receive  aid 
or  suggestions  from  members  who  were  present.  At  the  request  of 
many  members  of  the  Society  he  had  extended  his  investigations  ; 
and,  as  they  desired,  had  now  offered  the  results  of  his  researches. 
He  hoped  he  might  be  permitted  to  carry  out  his  original  purpose 
of  printing  the  paper,  at  his  own  expense,  for  gratuitous  distribu 
tion.  He  should,  if  such  was  the  pleasure  of  the  meeting,  print  it 
as  a  paper  read  before  the  Massachusetts  Historical  Society. 

Mr.  EVERETT  expressed  the  gratification  with  which  he  had  lis 
tened  to  a  paper  containing  so  much  valuable  information,  and 


iv  EXTRACT  FROM  THE  RECORDS  OF 

hoped  that  it  might  be  printed  in  the  manner  most  agreeable  to 
Mr.  Livermore.  lie  suggested  that  the  motion  of  Mr.  Norton  be 
so  modified  as  to  obviate  the  objections  raised  by  Mr.  Livermore. 
He  hoped,  if  consistent  with  his  plan,  that  Mr.  Livermore  would 
extend  his  researches  so  as  to  include  the  services  of  colored  sea 
men  in  the  American  Navy.  Mr.  Everett  related  an  anecdote  of 
an  aged  slave,  the  last  of  his  class,  showing  the  mildness  of  slavery 
in  Massachusetts  before  its  final  extinction. 

Mr.  "WATERSTON,  Secretary  pro  tempore  of  the  July  meeting, 
said  he  had  made  known  the  proceedings  of  that  meeting  to 
the  venerable  senior  member  of  the  Society,  the  Hon.  Josiah 
Quincy,  who,  though  unable  at  present  to  attend  the  meetings, 
retains  a  deep  interest  in  all  the  Society's  transactions.  He  had 
just  received  from  him  a  letter,  Avhich  he  begged  leave  to  present 
to  the  Society  :  — 

"  QUINCY,  Aug.  9,  1862. 
"Rev.  R.  C.  WATERSTON, 

"  DEAR  SIR,  —  Your  letter  of  this  date  communicates  to  me  the 
purpose  of  Mr.  Livermore  to  collect  and  publish  documents  on  the 
subject  of  Slavery  and  Negro  Soldiers,  originating  from  the  great 
men  who  were  guides  of  public  affairs  at  the  time  of  the  American 
Revolution.  I  should  regard  such  a  publication  as  useful  and 
desirable,  and  I  heartily  wish  Mr.  Livermore  success  ;  and  I  shall  be 
happy,  according  to  my  means,  in  aiding  him  in  his  purpose. 

"  In  respect  to  the  general  subject  of  slavery,  I  apprehend  he  will 
find  very  little  favorable  to  the  institution  among  the  relics  of  the 
great  men  of  that  period. 

"  Disgust  at  it  was  so  general,  as  to  be  little  less  than  universal. 
Among  slaveholders,  the  language  and  hope  of  putting  an  end 
to  the  evil  as  soon  as  possible  was  on  all  their  tongues  ;  but,  alas ! 
it  was  far  from  being  in  all  their  hearts.  Some  of  the  leaders  saw 
the  advantages  derived  from  it  by  the  unity  and  identity  of  action 
and  motive  to  which  it  tended,  and  its  effect  in  making  five  States 
move  in  phalanx  over  the  Free  States.  They  clung  to  the  insti 
tution  for  the  sake  of  power  over  the  other  States  of  the  Union ; 
and,  while  they  were  open  in  decrying  it,  they  were  assiduous  in 
promoting  its  interests  and  extending  its  influence. 


THE   MASSACHUSETTS    HISTORICAL    SOCIETY.  V 

"By  constantly  declaring  a  detestation  of  slavery,  they  threw 
dust  into  the  eyes  of  the  people  of  the  Free  States  ;  while  they  never 
ceased  to  seize  every  opportunity  to  embarrass  the  measures  which 
would  advance  the  interests  of  the  Free  States,  and  at  the  same 
time  to  strengthen  and  extend  the  interests  of  the  Slave  States. 
We  can  trace  their  policy  in  history.  We  now  realize  the  result. 

"  With  all  their  pretensions,  the  leading  slaveholders  never 
lost  sight,  for  one  moment,  of  perpetuating  its  existence  and  its 

power. 

"  Truly  and  respectfully  yours, 

"  JOSIAH    QuiNCT." 

Mr.  WASHBURN  spoke  with  interest  of  the  letter  which  had 
just  been  read,  remarkable  as  coming  from  a  gentleman  of  such 
experience,  and  at  so  advanced  a  period  of  life.  He  then  gave 
several  historical  facts  which  had  come  to  his  knowledge  when 
writing  his  "  History  of  Leicester,"  corroborating  the  statement  of 
Mr.  Livermore  respecting  the  common  practice  of  using  negroes 
as  soldiers  during  the  Avar  of  the  American  Revolution. 

The  vote  thanking  Mr.  Livermore  for  his  paper,  and  commit 
ting  the  manuscript  to  him,  to  be  printed  in  the  manner  most 
agreeable  to  him,  was  unanimously  adopted. 

RICHARD  FROTIIINGHAM, 

Secretary  pro  tern. 


N   O   T   E. 


IN  the  reading  of  the  following  paper  before  the 
Massachusetts  Historical  Society,  many  of  the  docu 
ments  now  printed  were  necessarily  omitted,  or  but 
briefly  alluded  to.  In  order  to  make  room  for  these 
without  unduly  increasing  the  size  of  this  pamphlet, 
some  of  the  remarks  in  the  original  paper  have  been 
left  out.  Though  the  special  object  of  this  research 
was  to  ascertain  the  views  of  the  Founders  of  our 
Republic,  it  has  been  thought  pertinent,  in  relation, 
to  the  employment  of  negroes  as  soldiers,  to  present 
also  some  evidence  of  the  opinions  and  practice  of 
contemporary  British  officers  in  America.  Many  ap 
propriate  documents,  equally  illustrative  of  the  whole 
subject,  have  been  passed  by ;  but  it  is  believed  that 
what  are  given  will  suffice  to  show  impartially  the 
general  state  of  public  sentiment  at  the  time  when 
our  Government  was  established. 

G.  L. 

BOSTON,  October,  1862. 


CONTENTS. 


PRELIMINARY  KEMARKS 1-3 

I. 

OPINIONS    OF    THE    FOUNDERS    OF     THE    REPUBLIC    RESPECTING 
NEGROES    AS  SLAVES   AND   AS   CITIZENS. 


INTRODUCTION,  SHOWING  THE  PRESENT  STATE  OF  THE  QUES 
TION    3-18 

Views  of  Mr.  Jefferson  Davis 4 — 5 

Differing  views  of  Mr.  Alexander  H.  Stephens 5—6 

Chief-Justice  Taney's  assertions 7 — 8 

Mr.  Justice  McLean's  reply  to  them 9-10 

Ground  maintained  by  Mr.  Justice  Curtis 10-12 

Judge  Gaston  of  North  Carolina  cited  by  him  ....  11-12 
Mr.  George  Bancroft's  comments  on  Chief- Justice  Taney's 

assertions 13-15 

Mr.  Edward  Everett's  strictures  on  the  views  of  Mr.  Jefferson 

Davis    .                                               15-18 


THE  DECLARATION  OF  INDEPENDENCE  IN  1776      .    .    .      19-32 

Contemporary  opinion  on  slavery,  as  shown  from  the  history  of 
the  Declaration  of  Independence,  19-28. 

Mr.  Jefferson,  21-24.  —  Mr.  Adams,  24.  —  Lord  Mahon's  error 
as  to  the  Southern  Colonies,  proved  by  Mr.  Force  from  the  history 
of  the  Continental  Association  of  1774,  25-28. 

Doctrine  of  the  Declaration  of  Independence  re-affirmed  in  the 
Constitutions,  and  acted  upon  in  the  Courts,  of  several  of  the  States 
before  the  adoption  of  the  Federal  Constitution,  28-32. 

c 


X  CONTENTS. 

THE  ARTICLES  OF  CONFEDERATION  IN  1778 33-34 

Free  negroes  regarded  in  them  as  citizens,  33.  —  Representation 
by  New  Jersey  to  Congress  on  the  subject,  34. 

THE  FEDERAL  CONVENTION  AND  THE  CONSTITUTION  .    .      35-78 

Opinions  on  slavery  with  which  some  of  the  framers  of  the  Consti 
tution  came  to  their  work,  36-61. — Opinion  of  Washington  before 
as  well  as  after  the  Convention,  36-39  ;  he  sympathizes  with  Lafayette 
in  his  views  of  slavery,  40-42  ;  his  last  will,  42-44.  —  Opinion  of 
Franklin,  44-54.  —  Opinion  of  John  Adams,  54.  —  Mr.  Jefferson's 
opinion,  55-60.  —  Mr.  Gadsden's  opinion,  60.  —  Mr.  Henry  Laurens's 
opinion,  61. 

Opinions  of  the  framers  of  the  Constitution  expressed  in  debate  in 
the  Federal  Convention,  62-78.  —  Mr.  Pinckney  of  South  Carolina, 
64.  —  Mr.  Sherman,  64.  —  Mr.  Ellsworth,  65.  —  Mr.  Gouverneur 
Morris,  66-68.  —  Mr.  Rufus  King,  68,  69.  —  Mr.  Sherman,  69.  — 
Mr.  Luther  Martin,  69.  —  Mr.  John  Rutledge,  70.  —  Mr.  Ellsworth, 
70.  —  Mr.  Charles  Pinckney,  70.  —  Mr.  Sherman,  70,  71.  —  Colonel 
George  Mason,  71,  72. — Mr.  Ellsworth,  72.  —  Mr.  Charles  Pinck 
ney,  72.  —  General  Charles  Cotesworth  Pinckney,  72,  73.  —  Mr. 
Abraham  Baldwin,  73.  —  Mr.  James  Wilson,  73,  74.  —  Mr.  Gerry,  74. 

—  Mr.  Dickinson,  74.  —  Mr.  Williamson,  74.  —  Mr.  King,  74,  75.  — 
Mr.  Langdon,  75.  —  General  Pinckney,  75.  —  Mr.  Rutledge,  75.  — 
Mr.  Gouverneur  Morris,  75.  —  Mr.  Butler,  75.  —  Mr.  Sherman,  75. 

—  Mr.  Read,  Mr.  Sherman,  Mr.  Randolph,  General  Pinckney,  Mr. 
Gorham,   Mr.   Madison,  76.  —  Messrs.    Morris,    Mason,    Sherman, 
Clymer,  Williamson,  Morris,  Dickinson,  77. 

STATE  CONVENTIONS  FOR  RATIFYING  THE  CONSTITUTION,   78-106 

Debates  in  the  Massachusetts  Convention,  78-86.  —  New-Hamp 
shire  Convention,  86-88.  —  Pennsylvania  Convention,  88,  89.  — 
Maryland  Legislature,  90-94.  —  Virginia  Convention,  94-100.  — 
North-Carolina  Convention,  100-104.  —  South-Carolina  Legislature, 
104-106. 

Two  letters  concerning  the  Constitution,  written  in  1788  :  one  by 
Dr.  Ramsay  of  Charleston,  S.C. ;  and  the  other  by  the  Rev.  Dr. 
Hopkins  of  Newport,  R.I.,  106-108. 

Opinion  of  Dr.  Paley,  in  1785,  on  slavery,  and  the  probable  effect 
upon  it  of  "the  great  Revolution  which  had  taken  place  in  the 
Western  World,"  110. 


CONTENTS. 


II. 

OPINIONS    OF    THE    FOUNDERS    OF    THE    REPUBLIC    RESPECTING 
NEGROES  AS   SOLDIERS. 

The  practical  importance  of  this  branch  of  the  subject  at  the 
present  time,  113,  114. 

In  Massachusetts,  in  the  earlier  stages  of  the  Revolution,  negroes 
appear  as  acting  with  white  citizens  against  the  British,  114,  132.  — 
The  "Boston  Massacre"  and  Crispus  Attucks,  115-118.  —  Peter 
Salem  fights  at  the  battle  of  Bunker  Hill,  and  is  commemorated  by 
the  artist,  the  historian,  and  the  orator,  118-121.  —  Petition  of  Colo 
nel  Prescott  and  other  officers  to  the  General  Court  of  Massachusetts 
for  a  reward  to  another  "  negro  man,"  Salem  Poor,  as  "  a  brave  and 
gallant  soldier,"  who  "  behaved  like  an  experienced  officer"  at  Bun 
ker  Hill,  121,  122.  —  Major  Lawrence  commands  "  a  company,  whose 
rank  and  file  are  all  negroes,"  and  who  "  fight  with  the  most  deter 
mined  bravery,"  122-124.  —  Free  negroes,  and  sometimes  slaves, 
took  their  place  in  the  ranks  with  white  men ;  afterwards,  slaves  must 
be  manumitted  before  becoming  soldiers,  124,  125. 

Opinion  of  the  Rev.  Dr.  Hopkins  in  1776,  on  the  employment  of 
negroes  as  soldiers,  125,  126. 

South  Carolina,  in  1775,  enrols  slaves  in  her  militia  as  "pioneers 
and  laborers,"  126.  — Belief,  in  South  Carolina  and  Georgia,  that  the 
negroes  would  join  the  British  regular  troops,  128.  —  General  Gates 
forbids  the  recruiting  of  negroes,  129.  —  Southern  delegates  to  Con 
gress  move  in  vain  the  discharge  of  negroes  from  the  army,  129,  130. 

—  The  Committee  of  Conference  determine  to  reject  them  in  the  new 
enlistment,  130.  —  Washington  afterwards  decides  to  license  the  en 
listment  of  the  free  negroes  who  had  served  faithfully,  131.  —  His 
decision  approved  by  Congress,  131.  —  General  Thomas's  praise  of 
the  negro  soldiers  in  the  Massachusetts  regiments,  132. 

Account  of  Lord  Dunmore's  celebrated  Proclamation  in  Virginia 
in  1775,  and  its  effect,  132-140.  —  Public  appeal  to  the  negroes  to 
stand  by  their  masters,  136-138.  —  The  Virginia  Convention  answer 
the  Proclamation,  and  declare  pardon  to  slaves  who  had  taken  up 
arms,  138,  139. 

(1776.)     The  British  form  a  negro  regiment  at  Staten  Island,  141. 

—  The  Massachusetts  Legislature  forbid  the  sale  of  negroes  taken 
prisoners  from  the  British,  142. 


CONTENTS. 

(1777.)  Testimony  of  a  Hessian  officer,  that  there  was  "no 
regiment  to  be  seen  in  which  there  were  not  negroes  in  abundance," 
142,  143.  —  Capture  of  the  British  Major-General  Prescott  by  Colonel 
Barton,  with  the  help  of  the  negro  man  Prince,  143,  144.  Dr. 
Thacher's  account  of  it,  144,  145. 

(1777.)  Account  of  the  employment  of  negro  soldiers  by  the 
State  of  Connecticut,  145-150. 

(1778.)  Account  of  their  employment  by  the  State  of  Rhode 
Island,  150-159. — Act  for  raising  a  negro  regiment,  152-154. — 
Distinguished  services  rendered  by  Colonel  Greene's  black  regiment 
in  the  battle  of  Rhode  Island,  158.  —  Chastellux's  account  of  this 
regiment  in  1781,  159.  —  Its  subsequent  heroic  defence  of  Colonel 
Greene,  159. 

(1778.)  Action  of  the  State  of  Massachusetts  on  the  subject, 
159-162.  —  Precedent  in  her  early  legislation,  negroes  having  been 
obliged  to  train  in  the  militia  with  white  men  in  1652,  159.  —  Propo 
sal  of  Thomas  Kench  to  raise  a  separate  corps  of  negroes  in  the 
spring  of  1778,  160-162.  —  Referred  to  a  joint  committee  of  the 
General  Court,  together  with  a  copy  of  the  Rhode-Island  act,  162. — 
Their  report  favorable,  embodying  the  draught  of  a  law,  162.  —  The 
subject  of  a  separate  corps  allowed  to  subside,  and  the  usage  conti 
nued  of  having  negroes  "  intermixed  with  white  men,"  162. 

Action  of  the  State  of  Maryland  on  the  subject,  163. 
Action  of  the  State  of  New  York,  163. 

(1779.)  The  employment  of  negroes  as  soldiers  almost  everywhere 
prevailed,  except  in  the  States  of  Georgia  and  South  Carolina,  164. — 
Why  they  were  exceptions,  164-167.  —  A  vigorous  effort  in  Congress 
to  secure  the  enrolment  of  black  troops  in  those  States,  167.  —  The 
measure  advocated  by  Colonel  John  Laurens,  and  by  his  father,  Henry 
Laurens,  167.  Henry  Laurens's  letter  to  Washington,  167,  168.  — 
Washington,  in  reply,  suggests  doubts  as  to  the  policy  of  arming  the 
slaves  at  the  South,  unless  the  enemy  set  the  example ;  but  says  he 
has  never  given  much  thought  to  the  subject,  168. 

(1779.)  Alexander  Hamilton  heartily  supports  the  measure,  168. 
—  His  strong  letter  to  John  Jay,  President  of  Congress,  169,  170.  — 
Congress  refers  the  matter  to  a  special  committee ;  afterwards  passes 
resolutions,  recommending  to  South  Carolina  and  Georgia  to  raise  a 
force  of  "  three  thousand  able-bodied  negroes ; "  and  commissions 
Colonel  Laurens  to  repair  to  the  South  on  this  business,  170-173.  — 
He  writes  to  Washington  that  General  Prevost,  at  Savannah,  is 
"re-enforced  by  a  corps  of  blacks,"  174. 


CONTENTS.  Xlll 

(1779.)  Sir  Henry  Clinton's  Proclamation  in  consequence  of 
"  the  enemy's  having  adopted  the  practice  of  enrolling  negroes  among 
their  troops,"  175. 

Lord  Cormvallis  issues  a  proclamation,  encouraging  slaves  to 
join  the  British  army,  175.  —  Mr.  Jefferson's  account  of  Cornwallis's 
cruelty  to  those  who  joined  his  army,  175,  176. 

(1780.)  General  Lincoln  seconds  Colonel  Laurens  in  urging  the 
government  of  South  Carolina  to  raise  black  troops,  177.  —  Mr. 
Madison  advocates  the  policy  of  "  liberating  and  making  soldiers  at 
once  of  the  blacks  themselves,"  instead  of  "  making  them  instru 
ments  for  enlisting  white  soldiers,"  178. 

(1781.)  General  Greene  writes  to  Washington,  that  in  South  Caro 
lina  "  the  enemy  have  ordered  two  regiments  of  negroes  to  be  imme 
diately  embodied,"  178. 

(1782.)  Colonel  Laurens,  on  his  return  from  France,  renews  his 
efforts  to  induce  South  Carolina  and  Georgia  to  raise  black  troops, 
178-181.  —  His  letters  to  Washington  on  the  subject,  and  Washing 
ton's  reply,  179-181. 

(1782.)  Colonel  Humphreys  continued  to  the  end  of  the  war  to 
be  the  nominal  captain  of  a  company  of  colored  infantry,  raised  in 
Connecticut  by  his  influence  before  he  became  aid-de-camp  to  Wash 
ington,  181. 

(1782.)  Letter  to  Lord  Dunmore  from  Mr.  Cruden,  proposing  a 
plan  for  raising  ten  thousand  black  troops,  182-186.  —  Letter  .of 
Lord  Dunmore  to  Sir  Henry  Clinton,  approving  the  scheme,  vouch 
ing  for  the  excellence  of  such  troops,  and  declaring  his  perfect 
willingness  "  to  hazard  his  reputation  and  person  in  the  execution  of 
the  plan,"  187-189. 

(1782.)  Lord  Dunmore  writes  to  England,  that  the  raising  of  a 
brigade  of  negroes  was  negatived  by  a  few  voices  in  the  Assembly  of 
South  Carolina,  and  would  probably  be  carried  at  a  future  day, 
189,  190. 

(1782.)  General  Greene  proposes  to  the  Governor  of  South 
Carolina  a  plan  for  raising  black  regiments,  190,  191.  —  Judge  John 
son's  remarks  on  this  plan,  and  on  negroes  as  soldiers,  192,  193. — 
Importance  of  the  mature  opinions  of  the  preceding  British  and 
American  military  authorities,  193. 

(1783.)  Washington's  scrupulous  regard  for  the  rights  of  his 
negro  soldiers  on  their  leaving  the  service,  194. 

d 


XIV  CONTENTS. 

(1783.)  The  State  of  Virginia  passes  an  act  securing  the  freedom 
of  all  slaves  who  had  served  in  the  army,  195,  196. 

(1786.)  Virginia  passes  a  special  act  to  pay  for  and  emancipate  a 
slave  who  had  "  faithfully  executed  important  commissions  intrusted 
to  him  by  the  Marquis  Lafayette,"  197. 

Later  testimonies  to  the  competency  of  negroes  to  become  good 
soldiers,  197-199.  —  Dr.  Eustis,  a  surgeon  throughout  the  war  of  the 
Revolution,  198,  199.  —  Charles  Pinckney  of  South  Carolina,  199. 

Concluding  remarks,  200. 


APPENDIX. 

(A.)     Negroes  in  the  Navy 203 

(B.)     Flag  of  a  Negro  Military  Company  in  Boston 206 

(C.)     Negro  Regiments  in  the  State  of  New  York 207 

(D.)     General  Jackson's  Proclamation  to  the  Negroes 210 

(E.)     Negro  Soldiers  under  Monarchical  Governments 213 


I. 

NEGROES   AS   SLAVES   AND   AS   CITIZENS. 


"  We  cannot  put  the  negro  out.  This  remark  serves  as  a  complete  stopper  to  all 
the  crimination  and  recrimination  so  freely  indulged  in  between  parties  on  the  sol 
emn  point,  —  which  of  the  two  first  brought  the  negro  in.  Let  them  rest  quiet  here 
after  on  this  topic.  The  negro  was  in  before  they  began  to  talk  about  him  at  all. 
He  will  stay  in,  whether  they  choose  to  talk  about  him  or  not.  He  will  grow  in 
more  and  more,  even  while  they  are  sleeping.  To  deprecate  the  misfortune  is  as 
idle  as  to  complain  of  the  force  of  the  waters  of  Niagara.  The  subject  is  before  us ; 
and  it  is  our  duty  to  face  the  consideration  of  its  proportions  like  statesmen,  and 
not  to  imagine,  that,  if  we  will  only  shut  our  eyes  to  it,  it  is  not  there;  still  less  to 
suppose  that  either  lamentation  or  anger,  agitation  or  silence,  will  in  any  respect 
materially  change  the  nature  of  the  great  problem  which  North  America  is  inevi 
tably  doomed  to  solve.  From  the  decree  of  Divine  Providence  there  is  no  appeal."  — 
Speech  of  the  lion.  Charles  Francis  Adams,  May  31, 1860,  in  the  U.  S.  House  of  Rep 
resentatives. 


HISTORICAL    RESEARCH. 


IN  this  time  of  our  country's  trial,  when  its  Consti 
tution,  and  even  its  continued  national  existence,  is 
in  peril,  and  the  people  are  beginning  to  be  aroused 
to  the  magnitude  of  the  work  to  be  done,  all  other 
subjects  dwindle  into  comparative  insignificance. 
Loyal  men,  of  every  calling  in  life,  are  laying  aside 
their  chosen  and  accustomed  private  pursuits,  and 
devoting  themselves,  heart  and  hand,  to  the  common 
cause.  As  true  patriots,  then,  we,  members  of  the 
MASSACHUSETTS  HISTORICAL  SOCIETY,  should  do  some 
thing  more  than  comply,  as  good  citizens,  with  all 
the  requirements  of  the  Constitution  and  the  laws: 
we  must  study,  in  the  light  of  history,  and  by  the 
traditions  of  those  who  originally  founded  and  at 
first  administered  the  Government,  the  fundamental 
principles  on  which  it  was  based,  and  the  paramount 
objects  for  which  it  was  established.  Having  done 
this,  it  may  not  be  amiss  for  us  to  offer  the  results  of 
our  historical  researches  to  others  not  having  the 

O 

leisure  or  the  opportunity  to  investigate  for  them 
selves.  All  partisan  and  personal  prejudice  should 


2  HISTORICAL    RESEARCH. 

now  be  abjured,  and  all  sectional  sentiments  and 
views  should  yield  to  the  broad  and  patriotic  purpose 
of  ascertaining,  asserting,  and  doing  our  whole  duty 
as  citizens  of  the  United  States,  desirous  of  restoring 
the  Union  to  its  original  completeness  for  its  true 
purpose. 

This  will  not  be  the  first  time  that  our  Society 
has  endeavored,  from  the  records  of  the  past,  to 
throw  light  on  the  path  of  the  Government  in  the 
legislative  and  military  action  of  the  present.  We 
were  not  long  since  called  together  specially  to 
contribute,  from  an  historical  point  of  view,  our  aid 
in  guiding  public  opinion ;  and  the  publication  of 
the  "  Report  on  the  Exchange  of  Prisoners  during 
the  American  Revolution,"  read  at  that  meeting, 
was  warmly  welcomed,  as  a  timely  and  serviceable 
act. 

Although  there  is  a  wide  difference  of  opinion  as 
to  the  cause  of  the  rebellion,  or  rather  as  to  the 
persons  on  whom  rests  the  responsibility  of  having 
brought  on  this  terrible  civil  war,  yet  all  are  agreed, 
that,  if  negro  slavery  had  not  existed  in  this  country, 
we  should  now  be  in  a  condition  of  peace  and  pros 
perity. 

I  have  thought  that  I  could  not,  at  this  time, 
perform  a  more  useful  duty,  as  a  member  of  the 
Society,  than  by  preparing  a  documentary  paper  of 
carefully  edited  authorities,  relating  to  NEGROES  as 
slaves,  as  citizens,  and  as  soldiers,  —  in  order  to  show 
what  were  the  principles  and  the  practice  of  the  Foun- 


SLAVERY  THE  CAUSE  OF  THE  REBELLION.         3 

tiers  of  the  Republic,  and  thus  to  ascertain  who  have 
been  unfaithful  to  the  "  compromises  of  the  Consti 
tution,"  and  to  the  principles  upon  which  the  Union 
was  based,  and  for  which  the  Government  wras  esta 
blished. 

In  doing  this,  I  shall  endeavor  to  act  simply  as  an 
historical  inquirer,  without  any  attempt  to  enforce 
sentiments  or  theories  of  my  own.  It  is  my  purpose 
to  present  the  simple  records  of  the  opinion  and  ac 
tion  of  persons  who  have  acknowledged  claims  to  be 
considered  as  authorities. 

As  an  appropriate  introduction  to  the  task  I  have 
proposed  to  myself,  of  producing  some  of  the  re 
corded  opinions  of  those  who  were  eminently  the 
Founders  of  the  Republic,  I  proceed  to  set  forth, 
by  authentic  citations,  the  modern  doctrine  which  has 
given  occasion  for  this  research,  and  also  the  most 
important  refutations  of  that  doctrine  which  have  yet 
appeared.  These,  taken  together,  will  exhibit  the 
present  state  of  the  great  question  as  to  its  first  two 
branches ;  namely,  the  opinions  held  in  relation  to 
negroes  as  slaves  and  as  citizens  before,  during,  and 
some  time  after,  the  formation  of  the  Government  of 
the  United  States. 

It  is  a  noticeable  fact,  that,  while  the  Southern 
leaders  of  the  rebellion  uniformly  denounce  the  North 
for  having  denied  to  them  their  guarantied  rights 
under  the  Constitution,  they  are  widely  at  variance 
when  they  come  to  specify  their  grievances. 


4  HISTORICAL    RESEARCH. 

Mr.  Jefferson  Davis,  on  the  29th  of  April,  1861,  in 
his  Message,  says :  — 

Jeflerson  "  When  the  several  States  delegated  certain  powers  to 
the  United-States  Congress,  a  large  portion  of  the  laboring 
population  were  imported  into  the  colonies  by  the  mother- 
country.  In  twelve  out  of  the  fifteen  States,  negro  slavery 
existed ;  and  the  right  of  property  existing  in  slaves  Avas 
protected  by  law.  This  property  was  recognized  in  the 
Constitution ;  and  provision  was  made  against  its  loss  by 
the  escape  of  the  slave. 

"  The  increase  in  the  number  of  slaves  by  foreign 
importation  from  Africa  was  also  secured,  by  a  clause  for 
bidding  Congress  to  prohibit  the  slave-trade  anterior  to  a 
certain  date ;  and  in  no  clause  can  there  be  found  any 
delegation  of  power  to  the  Congress  to  authorize  it  in  any 
manner  to  legislate  to  the  prejudice,  detriment,  or  discour 
agement  of  the  owners  of  that  species  of  property,  or  ex 
cluding  it  from  the  protection  of  the  Government. 

"  The  climate  and  soil  of  the  Northern  States  soon  proved 
unpropitious  to  the  continuance  of  slave-labor ;  while  the 
reverse  being  the  case  at  the  South,  made  unrestricted  free 
intercourse  between  the  two  sections  unfriendly. 

"  The  Northern  States  consulted  their  own  interests,  by 
selling  their  slaves  to  the  South,  and  prohibiting  slavery 
between  their  limits.  The  South  were  willing  purchasers 
of  property  suitable  to  their  wants ;  and  paid  the  price  of 
the  acquisition,  without  harboring  a  suspicion  that  their 
quiet  possession  was  to  be  disturbed  by  those  who  were  not 
only  in  want  of  constitutional  authority,  but  by  good  faith 
as  vendors,  from  disquieting  a  title  emanating  from  them 
selves. 

"  As  soon,  however,  as  the  Northern  States  that  prohi 
bited  African  slavery  within  their  limits  had  reached  a 
number  sufficient  to  give  their  representation  a  controlling 
vote  in  the  Congress,  a  persistent  and  organized  system  of 


ANTI-SLAVERY   SENTIMENT   IN    1776.  5 

hostile  measures  against  the  rights  of  the  owners  of  slaves   Jefferson 
in  the    Southern    States  was  inaugurated,  and    gradually 
extended.     A  series  of  measures  was  devised  and  prose 
cuted  for  the  purpose  of  rendering  insecure  the  tenure  of 
property  in  slaves. 

"With  interests  of  such  overwhelming  magnitude  imper 
illed,  the  people  of  the  Southern  States  were  driven  by 
the  conduct  of  the  North  to  the  adoption  of  some  course  of 
action  to  avoid  the  dangers  with  which  they  were  openly 
menaced.  With  this  view,  the  Legislatures  of  the  several 
States  invited  the  people  to  select  delegates  to  conventions 
to  be  held  for  the  purpose  of  determining  for  themselves 
what  measures  were  best  to  be  adopted  to  meet  so  alarm 
ing  a  crisis  in  their  history." — Moore's  Rebellion  Record, 
vol.  i. ;  Documents,  pp.  1G8,  169. 


It  is  not  necessary  for  us  to  go  out  of  the  so-called 
Southern  Confederacy,  nor  far  from  the  presence  of 
its  pretended  President,  to  refute  this  accusation  of 
change  in  principle  or  in  policy  on  the  part  of  the 
North. 

The  associate  of  Mr.  Davis,  Mr.  Alexander  H. 
Stephens  (Vice-President,  as  he  is  called,)  thus  frankly 
avows  his  sentiments  in  a  speech,  delivered  at  Savan 
nah,  on  the  21st  of  March,  1861 :  — 

"  The  new  Constitution  has  put  at  rest  for  ever  all  the  Alex.  IT. 
agitating  questions  relating  to  our  peculiar  institutions,  — 
African  slavery  as  it  exists  among  us,  the  proper  status  of 
the  negro  in  our  form  of  civilization.     This  ivas  the  imme 
diate  cause  of  the  late  rupture  and  present  revolution.     JEF 
FERSON,  in  his  forecast,  had  anticipated  this,  as  the  '  rock 
upon  which  the  old  Union  would  split.'     He  was  right. 


G  HISTORICAL   RESEARCH. 

Alex.  ii.  What  was  conjecture  with  him  is  now  a  realized  fact.  But 
whether  he  fully  comprehended  the  great  truth  upon  which 
that  rock  stood  and  stands,  may  be  doubted.  The  prevailing 
ideas  entertained  by  him,  and  most  of  the  leading  statesmen 
at  the  time  of  the  formation  of  the  old  Constitution,  were,  that 
the  enslavement  of  the  African  ivas  in  violation  of  the  laws  of 
nature ;  that  it  was  wrong  in  principle,  socially,  morally,  and 
politically.  It  was  an  evil  they  knew  not  well  how  to  deal 
with ;  but  the  general  opinion  of  the  men  of  that  day  was, 
that,  somehow  or  other,  in  the  order  of  Providence,  the 
institution  would  be  evanescent,  and  pass  away.  This  idea, 
though  not  incorporated  in  the  Constitution,  was  the  pre 
vailing  idea  at  the  time.  The  Constitution,  it  is  true, 
secured  every  essential  guarantee  to  the  institution  while 
it  should  last ;  and  hence  no  argument  can  be  justly  used 
against  the  constitutional  guarantees  thus  secured,  because 
of  the  common  sentiment  of  the  day.  Those  ideas,  how 
ever,  icere  fundamentally  wrong.  They  rested  upon  the 
assumption  of  the  equality  of  races.  This  was  an  error. 
It  was  a  sandy  foundation ;  and  the  idea  of  a  government 
built  upon  it,  —  when  the  '  storm  came  and  the  wind  blew, 
it  felV 

"  Our  new  government  is  founded  upon  exactly  the  oppo 
site  ideas :  its  foundations  are  laid,  its  corner-stone  rests, 
upon  the  great  truth,  that  the  negro  is  not  equal  to  the  white 
man  ;  that  slavery,  subordination  to  the  superior  race,  is  his 
natural  and  moral  [normal?]  condition.  [Applause.]  This, 
our  new  government,  is  the  first,  in  the  history  of  the  world, 
lased  upon  this  great  physical,  philosophical,  and  moral  truth. 
This  truth  has  been  slow  in  the  process  of  its  development, 
like  all  other  truths  in  the  various  departments  of  science. 
It  is  so,  even  amongst  us.  Many  who  hear  me,  perhaps, 
can  recollect  well  that  this  truth  was  not  generally  admitted, 
even  within  their  day.'7 — Moore's  Rebellion  Record,  vol.  i. ; 
Documents,  p.  45. 


HAD    NEGROES    FORMERLY    ANY   RIGHTS?  7 

This  ought  to  be  sufficient  to  put  at  rest  for  ever  the 
accusation  of  change  of  opinion,  and  of  unfaithful 
ness  to  the  original  compromises  of  the  Constitution 
and  to  the  spirit  of  the  founders  of  our  Government. 
But  it  is  a  lamentable  fact,  that  there  are  not  wanting 
amongst  us  men,  claiming  to  be  friends  of  the  Union 
and  the  Constitution,  who  yet,  through  ignorance  or 
recklessness,  continue  to  violate  the  truth  of  history 
on  this  subject. 

Without  referring  more  particularly  to  political 
writers  and  speakers  of  this  class,  I  would  call  atten 
tion  to  the  well-known  words  of  the  Chief-Justice  of 
the  United-States  Supreme  Court,  in  the  celebrated 
case  of  Dred  Scott,  at  the  December  Term,  1856. 

Judge  Taney's  language  is  as  follows  :  — 

"  Can  a  negro,  whose  ancestors  were  imported  into  this  ticeVau  *~ 
country,  and  sold  as  slaves,  become  a  member  of  the  politi 
cal  community  formed  and  brought  into  existence  by  the 
Constitution  of  the  United  States,  and  as  such  become 
entitled  to  all  the  rights,  and  privileges,  and  immunities 
guarantied  by  that  instrument  to  the  citizen  ?  One  of  which 
rights  is  the  privilege  of  suing  in  a  court  of  the  United 
States  in  the  cases  specified  in  the  Constitution. 

"  The  question  before  us  is,  whether  the  class  of  persons 
described  in  the  plea  in  abatement  compose  a  portion  of 
this  people,  and  are  constituent  members  of  this  sovereign 
ty  ?  We  think  they  are  not,  and  that  they  are  not  included, 
and  were  not  intended  to  be  included,  under  the  word 
'citizens'  in  the  Constitution,  and  can  therefore  claim 
none  of  the  rights  and  privileges  which  that  instrument 


ey. 


8  HISTORICAL    RESEARCH. 

Chief-Jus-    provides  for  and  secures  to  citizens  of  the  United  States. 

tice  Tanev.     ,  .1  ,     ,1  ,  •  -11 

On  the  contrary,  they  were  at  that  time  considered  as  a 
subordinate  and  inferior  class  of  beings,  who  had  been  sub 
jugated  by  the  dominant  race,  and,  whether  emancipated 
or  not,  yet  remained  subject  to  their  authority,  and  had  no 
rights  or  privileges  but  such  as  those  who  held  the  power 
and  the  Government  might  choose  to  grant  them. 

"  They  had  for  more  than  a  century  before  been  re 
garded  as  beings  of  an  inferior  order,  and  altogether  unfit 
to  associate  with  the  white  race,  either  in  social  or  political 
relations  ;  and  so  far  inferior,  that  they  had  no  rights  which 
the  white  man  was  bound  to  respect ;  and  that  the  negro 
might  justly  and  lawfully  be  reduced  to  slavery  for  his 
benefit.  He  was  bought  and  sold,  and  treated  as  an  ordi 
nary  article  of  merchandise  and  traffic,  whenever  a  profit 
could  be  made  by  it.  This  opinion  was  at  that  time  fixed 
and  universal  in  the  civilized  portion  of  the  white  race.  It 
was  regarded  as  an  axiom  in  morals  as  well  as  in  politics, 
which  no  one  thought  of  disputing,  or  supposed  to  be  open 
to  dispute  ;  and  men,  in  every  grade  and  position  in  society, 
daily  and  habitually  acted  upon  it  in  their  private  pursuits, 
as  well  as  in  matters  of  public  concern,  without  doubting 
for  a  moment  the  correctness  of  this  opinion."  —  Hoivard's 
Reports,  vol.  xix.  pp.  403-405,  407. 

This  remarkable  assertion  is  in  direct  violation 
of  historic  truth.  It  shocked  the  moral  sentiment  of 
our  own  community,  and  excited  the  indignant  rebuke 

J   * 

of  some  of  the  most  eminent  Jurists  and  Statesmen  of 
Europe,  who  declared  the  sentiments  to  be  "  so  ex 
ecrable  as  to  be  almost  incredible."  It  was  promptly 
met  and  answered  by  Judge  McLean  of  Ohio,  and 
Judge  Curtis  of  Massachusetts,  Associate  Justices  of 
the  United-States  Supreme  Court. 


SLAVERY   SECTIONAL,   NOT   NATIONAL.  9 

Mr.    Justice    McLean,    in    his    elaborate    opinion, 
says : — 

"  Slavery  is  emphatically  a  State  institution.  In  the  Judge 
ninth  section  of  the  first  article  of  the  Constitution,  it  is 
provided  '  that  the  migration  or  importation  of  such  per 
sons  as  any  of  the  States  now  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the 
year  1808  ;  but  a  tax,  or  duty,  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person.' 

"  In  the  Convention,  it  was  proposed  by  a  committee  of 
eleven  to  limit  the  importation  of  slaves  to  the  year  1800, 
when  Mr.  Pinckney  moved  to  extend  the  time  to  the  year 
1808.  This  motion  was  carried,  —  New  Hampshire,  Mas 
sachusetts,  Connecticut,  Maryland,  North  Carolina,  South 
Carolina,  and  Georgia  voting  in  the  affirmative ;  and  New 
Jersey,  Pennsylvania,  and  Virginia,  in  the  negative.  In 
opposition  to  the  motion,  Mr.  Madison  said  :  '  Twenty  years 
will  produce  all  the  mischief  that  can  be  apprehended  from 
the  liberty  to  import  slaves.  So  long  a  term  will  be  more 
dishonorable  to  the  American  character  than  to  say  nothing 
about  it  in  the  Constitution.'  (Madison  Papers.) 

"  We  need  not  refer  to  the  mercenary  spirit  which  in 
troduced  the  infamous  traffic  in  slaves,  to  show  the  degra 
dation  of  negro  slavery  in  our  country.  This  system  was 
imposed  upon  our  colonial  settlements  by  the  mother- 
country  <$  and  it  is  due  to  truth  to  say,  that  the  commercial 
colonies  and  States  were  chiefly  engaged  in  the  traffic. 
But  we  know  as  a  historical  fact,  that  James  Madison,  that 
great  and  good  man,  a  leading  member  in  the  Federal  Con 
vention,  was  solicitous  to  guard  the  language  of  that 
instrument  so  as  not  to  convey  the  idea  that  there  could  be 
property  in  man. 

"  I  prefer  the  lights  of  Madison,  Hamilton,  and  Jay,  as  a 
means  of  construing  the  Constitution  in  all  its  bearings, 

2 


10  HISTORICAL   RESEARCH. 

Judge  rather  than  to  look  behind  that  period  into  a  traffic  which 
is  now  declared  to  be  piracy,  and  punished  with  death  by 
Christian  nations.  I  do  not  like  to  draw  the  sources  of  our 
domestic  relations  from  so  dark  a  ground.  Our  independ 
ence  was  a  great  epoch  in  the  history  of  freedom  ;  and 
while  I  admit  the  Government  was  not  made  especially  for 
the  colored  race,  yet  many  of  them  were  citizens  of  the 
New-England  States,  and  exercised  the  rights  of  suffrage, 
when  the  Constitution  was  adopted  ;  and  it  was  not  doubted 
by  any  intelligent  person  that  its  tendencies  would  greatly 
ameliorate  their  condition. 

"  Many  of  the  States,  on  the  adoption  of  the  Constitu 
tion,  or  shortly  afterward,  took  measures  to  abolish  slavery 
within  their  respective  jurisdictions  ;  and  it  is  a  well-known 
fact,  that  a  belief  was  cherished  by  the  leading  men,  SoutK! 
as  well  as  North,  that  the  institution  of  slavery  would  grad 
ually  decline,  until  it  would  become  extinct.  The  inj 
creased  value  of  slave  labor,  in  the  culture  of  cotton  and 
sugar,  prevented  the  realization  of  this  expectation.  Like 
all  other  communities  and  States,  the  South  were  influenced 
by  what  they  considered  to  be  their  own  interests. 

"  But,  if  we  are  to  turn  our  attention  to  the  dark  ages  of 
the  world,  why  confine  our  view  to  colored  slavery  ?  On 
the  same  principles,  white  men  were  made  slaves.  All 
slavery  has  its  origin  in  power,  and  is  against  right."  — 
Howard's  Reports,  vol.  xix.  pp.  536-538. 

The  following  is  a  part  of  the  conclusive  dissenting 
opinion  of  Mr.  Justice  Curtis :  — 

"  To  determine  whether  any  free  persons,  descended  from 
Africans  held  in  slavery,  were  citizens  of  the  United  States 
under  the  Confederation,  and  consequently  at  the  time  of 
the  adoption  of  the  Constitution  of  the  United  States,  it  is 
only  necessary  to  know  whether  any  such  persons  were 
citizens  of  either  of  the  States  under  the  Confederation,  at 
the  time  of  the  adoption  of  the  Constitution. 


NEGROES   REGARDED    AS   CITIZENS.  11 

"  Of  this  there  can  be  no  doubt.  At  the  time  of  the  rati-  Judge 
fication  of  the  Articles  of  Confederation,  all  free  native-born 
inhabitants  of  the  States  of  New  Hampshire,  Massachusetts, 
New  York,  New  Jersey,  and  North  Carolina,  though  de 
scended  from  African  slaves,  were  not  only  citizens  of 
those  States,  but  such  of  them  as  had  the  other  necessary 
qualifications  possessed  the  franchise  of  electors,  on  equal 
terms  with  other  citizens. 

"  The  Supreme  Court  of  North  Carolina,  in  the  case  of 
the  State  vs.  Manuel  (4  Dev.  and  Bat.,  20),  has  declared 
the  law  of  that  State  on  this  subject,  in  terms  which  I  be 
lieve  to  be  as  sound  law  in  the  other  States  I  have  enume 
rated,  as  it  was  in  North  Carolina. 

"  '  According  to  the  laws  of  this  State/  says  Judge  G-as-  Judge 
ton,  in  delivering  the  opinion  of  the  court,  '  all  human  cited?" 
beings  within  it,  who  are  not  slaves,  fall  within  one  of  two 
classes.  Whatever  distinctions  may  have  existed  in  the 
Roman  laws  between  citizens  and  free  inhabitants,  they  are 
unknown  to  our  institutions.  Before  our  Revolution,  all 
free  persons  born  within  the  dominions  of  the  King  of 
Great  Britain,  whatever  their  color  or  complexion,  were 
native-born  British  subjects,  —  those  born  out  of  his  alle 
giance  were  aliens.  Slavery  did  not  exist  in  England,  but 
it  did  in  the  British  colonies.  Slaves  were  not  in  legal 
parlance  persons,  but  property.  The  moment  the  incapa 
city,  the  disqualification  of  slavery,  was  removed,  they 
became  persons ;  and  were  then  either  British  subjects,  or 
not  British  subjects,  according  as  they  were  or  were  not 
born  within  the  allegiance  of  the  British  King.  Upon  the 
Revolution,  no  other  change  took  place  in  the  laws  of 
North  Carolina  than  was  consequent  on  the  transition  from 
a  colony  dependent  on  a  European  King,  to  a  free  and 
sovereign  State.  Slaves  remained  slaves.  British  subjects 
in  North  Carolina  became  North  Carolina  freemen.  For 
eigners,  until  made  members  of  the  State,  remained  aliens. 
Slaves,  manumitted  here,  became  freemen ;  and  therefore, 


12  HISTORICAL    RESEARCH. 

Judge  jf  born  within  North  Carolina,  are  citizens  of  North  Caro 
lina  ;  and  all  free  persons  born  within  the  State  are  born 
citizens  of  the  State.  The  Constitution  extended  the 
elective  franchise  to  every  freeman  who  had  arrived  at 
the  age  of  twenty-one,  and  paid  a  public  tax ;  and  it  is  a 
matter  of  universal  notoriety,  that,  under  it,  free  persons, 
without  regard  to  color,  claimed  and  exercised  the  fran 
chise,  until  it  was  taken  from  free  men  of  color  a  few  years 
since  by  our  amended  Constitution.' 

"  It  has  been  often  asserted,  that  the  Constitution  was 
made  exclusively  by  and  for  the  white  race.  It  has  already 
been  shown,  that,  in  five  of  the  thirteen  original  States, 
colored  persons  then  possessed  the  elective  franchise,  and 
were  among  those  by  whom  the  Constitution  was  ordained 
and  established.  If  so,  it  is  not  true,  in  point  of  fact,  that 
the  Constitution  was  made  exclusively  by  the  white  race. 
And  that  it  was  made  exclusively  for  the  white  race  is,  in 
my  opinion,  not  only  an  assumption  not  warranted  by  any 
thing  in  the  Constitution,  but  contradicted  by  its  opening 
declaration,  that  it  was  ordained  and  established  by  the 
people  of  the  United  States,  for  themselves  and  their  pos 
terity.  And,  as  free  colored  persons  were  then  citizens  of 
at  least  five  States,  and  so  in  every  sense  part  of  the  peo 
ple  of  the  United  States,  they  were  among  those  for  whom 
and  whose  posterity  the  Constitution  was  ordained  and  es 
tablished."-—  Howard's  Reports,  vol.  xix.  pp.  572,  573,  582. 

The  Hon.  George  Bancroft,  in  his  "  Oration  before 
the  Mayor,  Common  Council,  and  Citizens  of  New 
York,  on  the  22d  of  February,  1862,"  alluding  to  the 
opinion  of  Judge  Taney,  notwithstanding  his  affini 
ties  with  the  political,  party  through  which  the  Chief- 
Justice  was  raised  to  his  high  station,  thus  speaks :  — 


JUDGE  TANEY'S  OPINION  REVIEWED.  13 

"  During  all  those  convulsions,  the  United  States  stood  George 
unchanged,  admitting  none  but  the  slightest  modifications 
in  its  charter,  and  proving  itself  the  most  stable  govern 
ment  of  the  civilized  world.  But  at  last  '  we  have  fallen 
on  evil  days.'  '  The  propitious  smiles  of  Heaven,'  such 
are  the  words  of  Washington,  '  can  never  be  expected  on 
a  nation  that  disregards  the  eternal  rules  of  order  and 
right.'  During  eleven  years  of  perverse  government,  those 
rules  were  disregarded ;  and  it  came  to  pass  that  men  who 
should  firmly  avow  the  sentiments  of  Washington,  and  Jef 
ferson,  and  Franklin,  and  Chancellor  Livingston,  were 
disfranchised  for  the  public  service  ;  that  the  spotless  Chief- 
Justice  whom  Washington  placed  at  the  head  of  our  Su 
preme  Court  could  by  no  possibility  have  been  nominated 
for  that  office,  or  confirmed.  Nay,  the  corrupt  influence 
invaded  even  the  very  home  of  justice.  The  final  decree 
of  the  Supreme  Court,  in  its  decision  on  a  particular  case, 
must  be  respected  and  obeyed  :  the  present  Chief- Justice 
has,  on  one  memorable  appeal,  accompanied  his  decision 
with  an  impassioned  declamation,  wherein,  with  profound 
immorality,  which  no  one  has  as  yet  fully  laid  bare,  treat 
ing  the  people  of  the  United  States  as  a  shrew  to  be  tamed ' 
by  an  open  scorn  of  the  facts  of  history,  with  a  dreary 
industry  collecting  cases  where  justice  may  have  slum 
bered  or  weakness  been  oppressed,  compensating  for  want 
of  evidence  by  confidence  of  assertion,  with  a  partiality 
that  would  have  disgraced  an  advocate  neglecting  hu 
mane  decisions  of  colonial  courts  and  the  enduring  me 
morials  of  colonial  statute-books,  in  his  party  zeal  to  prove 
that  the  fathers  of  our  country  held  the  negro  to  have  '  no 
rights  which  the  white  man  was  bound  to  respect,'  he  has 
not  only  denied  the  rights  of  man  and  the  liberties  of  man 
kind,  but  has  not  left  a  foothold  for  the  liberty  of  the  white 
man  to  rest  upon. 

"  That  ill-starred  disquisition  is  the  starting-point  of  this  * 
rebellion,  which,  for   a   quarter  of  a    century,   had  been 


14  HISTORICAL    RESEARCH. 

George      vainly  preparing  to  raise  its  head.      '  When  courts  of  jus- 
Bancroft.  •        ,       rrn  11    J          •    •  f  m 

tice  fail,  war  begins.'  Ihe  so-called  opinion  ot  laney, 
who,  I  trust,  did  not  intend  to  hang  out  the  flag  of  dis 
union,  that  rash  offence  to  the  conscious  memory  of  the 
millions,  upheaved  our  country  with  the  excitement  which 
swept  over  those  of  us  who  vainly  hoped  to  preserve  a 
strong  and  sufficient  though  narrow  isthmus  that  might 
stand  between  the  conflicting  floods.  No  nation  can  adopt 
that  judgment  as  its  rule,  and  live :  the  judgment  has  in  it 
no  element  of  political  vitality.  I  will  not  say  it  is  an  invo 
cation  of  the  dead  past  :  there  never  was  a  past  that 
accepted  such  opinions.  If  we  want  the  opinions  received 
in  the  days  when  our  Constitution  was  framed,  we  will  not 
take  them  second-hand  from  our  Chief-Justice :  we  will  let 
the  men  of  that  day  speak  for  themselves.  How  will  our 
American  magistrate  sink,  when  arraigned,  as  he  will  be, 
before  the  tribunal  of  humanity !  How  terrible  will  be  the 
verdict  against  him,  when  he  is  put  in  comparison  with 
Washington's  political  teacher,  the  great  Montesquieu, 
the  enlightened  magistrate  of  France,  in  what  are  es 
teemed  the  worst  days  of  her  monarchy !  The  argu 
ment  from  the  difference  of  race  which  Taney  thrusts 
forward  with  passionate  confidence,  as  a  proof  of  complete 
disqualification,  is  brought  forward  by  Montesquieu  as  a 
scathing  satire  on  all  the  brood  of  despots  who  were 
supposed  to  uphold  slavery  as  tolerable  in  itself.  The 
rights  of  MANKIND  —  that  precious  word  which  had  no  equiv 
alent  in  the  language  of  Hindostan,  or  Judas  a,  or  Greece, 
or  Rome,  or  any  ante-Christian  tongue  —  found  their  sup 
porter  in  Washington  and  Hamilton,  in  Franklin  and 
Livingston,  in  Otis,  George  Mason,  and  Gadsden  ;  in  all 
the  greatest  men  of  our  early  history.  The  one  rule  from 
which  the  makers  of  our  first  Confederacy,  and  then  of  our 
national  Constitution,  never  swerved,  is  this :  to  fix  no 
constitutional  disability  on  any  one.  Whatever  might 
stand  in  the  way  of  any  man,  from  opinion,  ancestry,  weak- 


THE  SOUTH  FORMERLY  OPPOSED  TO  SLAVERY.      15 

ness  of  mind,  inferiority  or  inconvenience  of  any  kind,  was  George 
itself  not  formed  into  a  permanent  disfranchisement.  The 
Constitution  of  the  United  States  was  made  under  the 
recognized  influence  of  '  the  eternal  rule  of  order  and 
right ; '  so  that,  as  far  as  its  jurisdiction  extends,  it  raised  at 
once  the  numerous  class  who  had  been  chattels  into  the 
condition  of  persons :  it  neither  originates  nor  perpetuates 
inequality."  —  Pulpit  and  Rostrum,  1862,  pp.  104-107. 

In  refutation  of  the  common  charge,  that  the 
North  has  changed  its  position  on  the  subject  of 
slavery,  I  cannot  forbear  adding  an  extract  from  the 
"  Address  of  the  Hon.  Edward  Everett,  delivered  in 
New  York,  on  the  4th  of  July,  1861."  In  his  own 
matchless  manner,  Mr.  Everett  thus  disposes  of  the 
whole  matter :  — 

"  The  Southern  theory  assumes,  that,  at  the  time  of  the  K/iwnrd 
adoption  of  the  Constitution,  the  same  antagonism  prevailed 
as  now  between  the  North  and  South,  on  the  general  sub 
ject  of  slavery ;  that  although  it  existed,  to  some  extent,  in 
all  the  States  but  one  of  the  Union,  it  was  a  feeble  and  - 
declining  interest  at  the  North,  and  mainly  seated  at  the 
South ;  that  the  soil  and  climate  of  the  North  were  soon 
found  to  be  unpropitious  to  slave  labor,  while  the  reverse 
was  the  case  at  the  South ;  that  the  Northern  States,  in 
consequence,  having  from  interested  motives  abolished  sla 
very,  sold  their  slaves  to  the  South  ;  and  that  then,  although 
the  existence  of  slavery  was  recognized,  and  its  protection 
guarantied,  by  the  Constitution,  as  soon  as  the  Northern 
States  had  acquired  a  controlling  voice  in  Congress,  a  per 
sistent  and  organized  system  of  hostile  measures  against 
the  rights  of  the  owners  of  slaves  in  the  Southern  States 
was  inaugurated,  and  gradually  extended,  in  violation  of  the 
compromises  of  the  Constitution,  as  well  as  of  the  honor 


1C  HISTORICAL    RESEARCH. 

Edward  and  good  faith  tacitly  pledged  to  the  South  by  the  manner 
iu  which  the  North  disposed  of  her  slaves. 

"  Such,  in  substance,  is  the  statement  of  Mr.  Davis,  in 
his  late  message  ;  and  he  then  proceeds,  seemingly  as  if 
rehearsing  the  acts  of  this  Northern  majority  in  Congress, 
to  refer  to  the  anti-slavery  measures  of  the  State  Legisla 
tures,  to  the  resolutions  of  abolition  societies,  to  the  passion 
ate  appeals  of  the  party  press,  and  to  the  acts  of  lawless 
individuals,  during  the  progress  of  this  unhappy  agita 
tion. 

"  Now,  this  entire  view  of  the  subject,  with  whatever 
boldness  it  is  affirmed,  and  with  whatever  persistency  it  is 
repeated,  is  destitute  of  foundation.  It  is  demonstrably 
at  war  with  the  truth  of  history,  and  is  contradicted  by 
facts  known  to  those  now  on  the  stage,  or  which  are  mat 
ters  of  recent  record.  At  the  time  of  the  adoption  of  the 
Constitution,  and  long  afterwards,  there  was,  generally 
speaking,  no  sectional  difference  of  opinion  between  North 
and  South,  on  the  subject  of  slavery.  It  was  in  both  parts 
of  the  country  regarded,  in  the  established  formula  of  the 
day,  as  '  a  social,  polftical,  and  moral  evil.'  The  general 
feeling  in  favor  of  universal  liberty  and  the  rights  of  man, 
wrought  into  fervor  in  the  progress  of  the  Eevolution,  nat 
urally  strengthened  the  anti-slavery  sentiment  throughout 
the  Union.  It  is  the  South  which  has  since  changed,  not  the 
North.  The  theory  of  a  change  in  the  Northern  mind, 
growing  out  of  a  discovery  made  soon  after  1789,  that  our 
soil  and  climate  were  trapropitious  to  slavery  (as  if  the 
soil  and  climate  then  were  different  from  what  they  had 
always  been),  and  a  consequent  sale  to  the  South  of  the 
slaves  of  the  North,  is  purely  mythical,  —  as  groundless  in 
fact  as  it  is  absurd  in  statement.  I  have  often  asked  for 
the  evidence  of  this  last  allegation,  and  I  have  never  found 
an  individual  who  attempted  even  to  prove  it.  But  how 
ever  this  may  be,  the  South  at  that  time  regarded  slavery 
as  an  evil,  though  a  necessary  one,  and  habitually  spoke  of 


THE  SOUTH  FORMERLY  OPPOSED  TO  SLAVERY.      17 

it  in  that  liffht.     Its  continued  existence  was  supposed  to  Edward 

Everett. 

depend  on  keeping  up  the  African  slave-trade ;  and  South 
as  well  as  North,  Virginia  as  well  as  Massachusetts,  passed 
laws  to  prohibit  that  traffic :  they  were,  however,  before 
the  Revolution,  vetoed  by  the  Royal  Governors.  One  of 
the  first  acts  of  the  Continental  Congress,  unanimously 
subscribed  by  its  members,  was  an  agreement  neither  to 
import,  nor  purchase  any  slave  imported,  after  the  first  of 
December,  1774.  In  the  Declaration  of  Independence,  as 
originally  draughted  by  Mr.  Jefferson,  both  slavery  and  the 
slave-trade  were  denounced  in  the  most  uncompromising 
language.  In  1777,  the  traffic  was  forbidden  in  Virginia, 
by  State  law,  no  longer  subject  to  the  veto  of  Royal  Gover 
nors.  In  1784,  an  ordinance  was  reported  by  Mr.  Jeffer 
son  to  the  old  Congress,  providing  that  after  1800  there 
should  be  no  slavery  in  any  Territory  ceded  or  to  be  ceded 
to  the  United  States.  The  ordinance  failed  at  that  time  to 
be  enacted ;  but  the  same  prohibition  formed  a  part,  by 
general  consent,  of  the  ordinance  of  1787  for  the  organiza 
tion  of  the  North-western  Territory.  In  his  '  Notes  on  Vir 
ginia,'  published  in  that  year,  Mr.  Jefferson  depicted  the 
evils  of  slavery  in  terms  of  fearful  import.  In  the  same 
year,  the  Constitution  was  framed.  It  recognized  the  ex 
istence  of  slavery ;  but  the  word  was  carefully  excluded 
from  the  instrument,  and  Congress  was  authorized  to  abol 
ish  the  traffic  in  twenty  years.  In  1796,  Mr.  St.  George 
Tucker,  law-professor  in  William  and  Mary  College,  in 
Virginia,  published  a  treatise  entitled  '  A  Dissertation  on 
Slavery,  with  a  Proposal  for  the  Gradual  Abolition  of  it  in 
the  State  of  Virginia.'  In  the  preface  to  the  essay,  he 
speaks  of  the  '  abolition  of  slavery  in  this  State  as  an  ob 
ject  of  the  first  importance,  not  only  to  our  moral  character 
and  domestic  peace,  but  even  to  our  political  salvation.' 
In  1797,  Mr.  Pinkney,  in  the  Legislature  of  Maryland, 
maintained,  that,  '  by  the  eternal  principles  of  justice,  no 
man  in  the  State  has  a  right  to  hold  his  slave  a  single 

3 


18  HISTORICAL    RESEARCH. 

Edward  hour.'  In  1803,  Mr.  John  Randolph,  from  a  committee  on 
Everett.  ^  subjcct,  reported  that  the  prohibition  of  slavery  by  the 
ordinance  of  1787  was  'a  measure  wisely  calculated  to 
promote  the  happiness  and  prosperity  of  the  North-western 
States,  and  to  give  strength  and  security  to  that  extensive 
frontier.'  Under  Mr.  Jefferson,  the  importation  of  slaves 
into  the  territories  of  Mississippi  and  Louisiana  was  pro 
hibited  in  advance  of  the  time  limited  by  the  Constitution 
for  the  interdiction  of  the  slave-trade.  When  the  Missouri 
restriction  was  enacted,  all  the  members  of  Mr.  Monroe's 
Cabinet  —  Mr.  Crawford  of  Georgia,  Mr.  Calhoun  of  South 
Carolina,  and  Mr.  Wirt  of  Virginia  —  concurred  with  Mr. 
Monroe  in  affirming  its  constitutionality.  In  1832,  after 
the  Southampton  massacre,  the  evils  of  slavery  were  ex 
posed  in  the  Legislature  of  Virginia,  and  the  expediency 
of  its  gradual  abolition  maintained,  in  terms  as  decided  as 
were  ever  employed  by  the  most  uncompromising  agitator. 
A  bill  for  that  object  was  introduced  into  the  Assembly  by 
the  grandson  of  Mr.  Jefferson,  and  warmly  supported  by 
distinguished  politicians  now  on  the  stage.  Nay,  we  have 
the  recent  admission  of  the  Vice-President  of  the  seceding 
Confederacy,  that  what  he  calls  '  the  errors  of  the  past 
generation,'  meaning  the  anti-slavery  sentiments  enter 
tained  by  Southern  statesmen,  '  still  clung  to  many  as  late 
as  twenty  years  ago.'  "  -pp.  31-33. 

These  extracts  from  the  recorded  opinions  of  the 
learned  associates  of  the  Chief- Justice,  the  eminent 
Historian,  and  the  illustrious  Statesman  and  Orator, 
would  seem  to  furnish  a  complete  refutation  of  the 
charges  brought  against  the  North  of  having  changed 
its  policy  or  action,  and  violated  some  expressed  or 
implied  agreement  respecting  the  supposed  sacred 
and  paramount  rights  of  slavery. 


THE   DECLAEATION   OP   INDEPENDENCE.  19 

But,  as  historical  inquirers,  we  should  not  impli 
citly  receive  the  opinions  or  assertions  of  any  author, 
however  eminent  in  position  or  however  impartial  in 
judgment  and  truthful  in  statement  he  may  be  re 
garded,  without  referring  to  the  original  records,  and 
comparing  the  contemporary  authorities.  It  is  my 
purpose  to  do  this,  to  some  extent,  at  the  present 
time. 

The  primal  American  Magna  Charta,  by  which  the  Declara 
tion  of 

Founders  of  the  Republic  asserted  the  right  of  the 
people  to  form  a  constitution  and  government  of 
their  own,  was  proclaimed  on  the  4th  of  July,  1776. 
Its  language  is  clear  and  explicit.  The  authors  were 
men  of  sense  and  of  learning.  They  knew  the  mean 
ing  of  the  words  they  used.  Was  it  for  "  glittering 
generalities  "  that  they  pledged  their  lives,  their  for 
tunes,  and  their  sacred  honor,  or  did  they  regard  the 
sentiments  of  that  immortal  document  as  solemn  veri 
ties  ?  In  those  times  which  tried  men's  souls,  were 
they  guilty  of  attempting  to  amuse  the  fancy  by  a 
rhetorical  flourish,  or,  what  is  worse,  to  delude  their 
fellow-citizens  by  the  merest  cant,  or  did  they  in 
tend  deliberately  and  reverently  to  publish  to  the 
world  their  Political  Confession  of  Faith,  and  to  en 
deavor  to  show  that  faith  by  their  works  ? 

Happily  for  us  and  for  the  fair  fame  of  those  patri 
ots,  they  have  left,  in  the  record  of  their  actions  and 
in  their  published  correspondence,  the  clearest  and 
most  comprehensive  commentary  on  the  instrument 
they  signed. 


20  HISTORICAL    RESEARCH. 

firsf.  articlc  in  the  National  Creed  is  so  broad 


tion  Ot 

elice!>oud~  an(l  universal  in  its  sentiments,  that  attempts  have 
often  been  made  to  narrow  its  meaning,  and  limit  its 
application  :  — 

"  We  hold  these  truths  to  be  self-evident  :  that  all  men 
are  created  equal  ;  that  they  are  endowed  by  their  Creator 
with  certain  unalienable  Rights  ;  that  among  these  are  Life, 
Liberty,  and  the  pursuit  of  Happiness  ;  that,  to  secure  these 
rights,  Governments  are  instituted  among  Men,  deriving 
their  just  powers  from  the  consent  of  the  governed." 

It  has  been  truly  said  by  Mr.  Bancroft,  "  The  heart 
of  Jefferson  in  writing  the  Declaration,  and  of  Con 
gress  in  adopting  it,  beat  for  all  humanity  :  the  asser 
tion  of  right  was  made  for  all  mankind  and  all  coming 
generations,  without  any  exception  whatever  ;  for 
the  proposition  which  admits  of  exceptions  can  never 
be  self-evident." 

The  author,  it  is  said,  could  never  have  intended 
to  have  this  language  received  in  its  literal  signifi 
cance,  for  then  it  wrould  have  included  in  the  Decla 
ration  persons  of  African  descent  ;  while,  at  the  time  of 
the  writing  of  this  document,  negro  slavery  existed 
in  the  Colonies,  and  the  author  of  the  paper  was  him 
self  a  slave-holder.  Did  Mr.  Jefferson  intend  to  con 
demn  his  own  conduct,  and  that  of  his  associates,  by 
announcing  doctrines  at  variance  with  their  lives  ? 

In  Christian  morals,  the  first  step  towards  reforma 
tion  is  a  conviction  of  sin  ;  and  the  second  is  con 
fession,  and  promise  of  amendment.  The  patriots 
and  sages  who  framed  our  form  of  government,  in 


CAPACITY   AND    RIGHTS    OF    NEGROES.  21 

declaring  their  principles  as  political  philosophers, 
acted  in  like  manner.  They  did  not  ignore  the 
fact,  that  colored  men  were  held  in  bondage.  They 
did  not  attempt  to  conceal,  much  less  to  justify,  the 
offence.  As,  in  the  popular  religious  creed  of  their 
day,  all  men,  through  Adam,  had  fallen  from  inno 
cence,  and  were  guilty  ;  so  they  felt,  that,  by  the  act 
of  their  ancestors,  they  were  themselves  then  acting  in 
violation  of  the  natural  and  immutable  laws  of  politi 
cal  justice. 

It  should  be  borne  in  mind,  that  the  Declaration  of 
Independence  is  not  an  ethnological  essay,  or  a  dis 
quisition  on  the  physical  or  intellectual  capacity  of 
the  various  races  of  men,  but  a  grave  announcement 
of  Human  Rights. 

Mr.  Jefferson,  in  his  "  Notes  on  Virginia,"  has  given 
very  fully  his  views  of  the  physical,  moral,  and  mental 
capacities  of  negroes. 

"  The  opinion  that  they  are  inferior  in  the  faculties  of  Thoma 

...  IT-  •          Jeffers 

reason  and  imagination  must  be  hazarded  with  great  diffi 
dence.  To  justify  a  general  conclusion,  requires  many  ob 
servations,  even  where  the  subject  may  be  submitted  to 
the  anatomical  knife,  to  optical  glasses,  to  analysis  by  fire 
or  by  solvents.  How  much  more,  then,  where  it  is  a 
faculty,  not  a  substance,  we  are  examining ;  where  it  eludes 
the  research  of  all  the  senses ;  where  the  conditions  of  its 
existence  are  various,  and  variously  combined ;  where  the 
efTects  of  those  which  are  present  or  absent  bid  defiance 
to  calculation ;  let  me  add,  too,  as  a  circumstance  of  great 
tenderness,  where  our  conclusion  would  degrade  a  whole 
race  of  men  from  the  rank  in  the  scale  of  beings  which 


22  HISTORICAL   RESEARCH. 

Thomas  their  Creator  may  perhaps  have  given  them !  To  our  re 
proach  it  must  be  said,  that,  though  for  a  century  and  a  half 
we  have  had  under  our  eyes  the  races  of  black  and  of  red 
men,  they  have  never  yet  been  viewed  by  us  as  subjects  of 
natural  history.  UL  advance  it,  therefore,  as  a  suspicion 
only,  that  the  blacks,  whether  originally  a  distinct  race, 
or  made  distinct  by  time  and  circumstances,  are  inferior  to 

^  ""7 

the  whites  in  the  endowments  both  of  body  and  mind.^/ — 
Jefferson's  Works,  vol.  viii.  p.  386. 

Alluding  to  these  opinions  several  years  after 
wards,  the  author,  in  a  letter  addressed  to  "  M.  Gre- 
goire,  Eveque  et  Senateur,"  says, — 

"  My  doubts  were  the  result  of  personal  observation  on 
the  limited  sphere  of  my  own  State,  where  the  opportuni 
ties  for  the  development  of  their  genius  were  not  favorable, 
and  those  of  exercising  it  still  less  so.  I  expressed  them, 
therefore,  with  great  hesitation ;  but,  whatever  be  their  de- 
gree  of  talent,  it  is  no  measure  of  their  rights.  Because  Sir 
Isaac  Newton  was  superior  to  others  in  understanding,  he 
was  not,  therefore,  lord  of  the  person  or  property  of  others. 
On  this  subject  they  are  gaining  daily  in  the  opinions 
of  nations,  and  hopeful  advances  are  making  towards 
their  re-establishment  on  an  equal  footing  with  the  other 
colors  of  the  human  family.  I  pray  you,  therefore,  to  ac- 
/  cept  my  thanks  for  the  many  instances  you  have  enabled 
me  to  observe  of  respectable  intelligence  in  that  race  of 
men,  which  cannot  fail  to  have  effect  in  hastening  the  day 
of  their  relief."  —  Jefferson's  Works,  vol.  v.  p.  429. 

How  slavery  was  regarded  at  the  time  is  clearly 
stated  in  the  instructions  prepared  by  Mr.  Jefferson 
for  the  first  delegation  of  Virginia  to  Congress,  in 
August,  1774,  and  printed  in  a  pamphlet  form,  under 


THE   ABOLITION    OF   SLAVERY   DESIRED.  23 

the  title   of  "  A   Summary  \7icw  of  the    Rights   of  Thomas 
British  America."      I  have  Italicized  a  few  lines  as 
worthy  of  particular  attention  :  — 

"  For  the  most  trifling  reasons,  and  sometimes  for  no  con 
ceivable  reason  at  all,  his  Majesty  has  rejected  laws  of  the 
most  salutary  tendency.  The  abolition  of  domestic  slavery 
is  the  great  object  of  desire  in  those  Colonies,  where  it  ivas, 
unhappily,  introduced  in  their  infant  state.  But,  previous 
to  the  enfranchisement  of  the  slaves  we  have,  it  is  neces 
sary  to  exclude  all  further  importations  from  Africa.  Yet 
our  repeated  attempts  to  effect  this  by  prohibitions,  and 
by  imposing  ditties  which  might  amount  to  a  prohibition, 
have  been  hitherto  defeated  by  his  Majesty's  negative  ; 
thus  preferring  the  immediate  advantages  of  a  few  British 
corsairs  to  the  lasting  interests  of  the  American  States, 
and  to  the  rights  of  human  nature,  deeply  wounded  by  this 
infamous  practice."-  —  Jefferson's  Works,  vol.  i.  p.  135. 

It  is  well  known  that  some  passages  in  the  original 
draught  of  the  Declaration  of  Independence  were 
omitted  when  the  paper  was  finally  adopted  by  Con 
gress.  One  of  these  passages  shows  so  strikingly  the 
feelings  of  the  author  on  this  subject,  that  it  may 
well  be  cited  here  :  — 

"  lie  has  waged  cruel  war  against  human  nature  itself,  p-issnic 
violating  its  most  sacred  rights  of  life  and  liberty  in  the  fictile 
persons  of  a  distant  people  who  never  offended  him  ;  capti- 
vating  and  carrying  them  into  slavery  in  another  hemi- 

.  .  .         ,      .  . 

sphere,  or  to  incur  miserable  death  in  their  transportation 
thither.  This  piratical  warfare,  the  opprobrium  of  Infidel 
powers,  is  the  warfare  of  the  Christian  king  of  Great  Brit 
ain.  Determined  to  keep  open  a  market  where  men  should 
be  bought  and  sold,  he  has  prostituted  his  negative  for 


24  HISTORICAL    RESEARCH. 

Papsnjre       suppressing  every  legislative  attempt  to  prohibit  or  to  re- 
from  the       strain  this  execrable  commerce.    And,  that  this  assemblage 
tion'of1"       of  horrors  might  want  no  fact  of  distinguished  dye,  he  is 
imiepemi-     now  exciting  those  very  people  to  rise  in  arms  among  us, 
and  to  purchase  that  liberty  of  which  he  has  deprived 
them,  by  murdering  the  people  on  whom  he  also  obtrud 
ed  them  ;  thus  paying  off  former  crimes  committed  against 
the  liberties   of  one  people  with  crimes  which  ho   urges 
them  to  commit  against  the  lives  of  another."  —  Jefferson's 
Works,  vol.  i.  pp.  23,  24. 

John  Adams,  who  was  associated  with  Jefferson 
on  the  sub-committee  for  framing  the  Declaration, 
thus  expresses  his  feelings  on  seeing  Mr.  Jefferson's 
first  draught :  "  I  was  delighted  with  its  high  tone,  and 
the  flights  of  oratory  with  which  it  abounded,  espe 
cially  that  concerning  negro  slavery ;  which,  though 
I  knew  his  Southern  brethren  would  never  suffer  to 
pass  in  Congress,  I  certainly  would  never  oppose."  — 
Works,  ii.  514. 

The  foresight  of  Mr.  Adams,  concerning  the  re 
jection  of  the  passage  relating  to  slavery,  was  not 
founded  on  a  belief  that  the  sentiments  contained  in 
it  were  at  variance  with  the  general  views  of  the 
people  both  at  the  South  and  at  the  North  (for  the 
history  of  the  times  is  full  of  evidence  to  the  contrary), 
but  from  his  knowledge  that  a  few  bold  and  persever 
ing  pro-slavery  men  would  be  able  then — as  they  have 
been  ever  since  —  to  induce  timid  and  time-serving, 
and  even  honest  but  less  strong-willed,  public  ser 
vants,  to  concede  to  them,  for  the  sake  of  peace  and 
harmony,  all  they  demanded. 


DECLARATION   OF   INDEPENDENCE.  25 

Lord  Mahoii  asserts  that  the  rejected  clause,  "  it  was  ^or,(1 

•*  Muhon  s 

found,  would  displease  the  Southern  Colonies,  who  crror- 
had  never  sought  to  prohibit  the  importation  of  slaves, 
but,  on  the  contrary,  desired  to  continue  it." 

Our  worthy  Corresponding  Member,  the  Hon.  Peter 
Force,  of  Washington,  (in  two  communications  to 
the  "National  Intelligencer,"  January  16  and  18, 1855, 
—  republished  in  London  in  the  form  of  a  pamphlet,) 
has  completely  refuted  this  error ;  and  has  produced 
abundant  evidence  that  the  "  Southern  Colonies, 
jointly  with  all  the  others,  and  separately  each  for 
itself,  did  agree  to  prohibit  the  importation  of  slaves, 
voluntarily  and  in  good  faith."  He  calls  attention 
to  the  Continental  Association,  adopted  and  signed  by 
all  the  members  of  the  Congress  on  the  20th  of  Oc 
tober,  1774. 

"  The  second  Article  of  the  Association  is  in  these 
words :  — 

" '  That  we  will  neither  import  nor  purchase  any  slave   Continental 
imported  after  the  first  day  of  December  next ;  after  which  tion. 
we  will  wholly  discontinue  the  slave-trade,  and  will  neither 
be  concerned  in  it  ourselves,  nor  will  we  hire  our  vessels 
nor  sell  our  commodities  or  manufactures  to  those  who  are 
concerned  in  it.7 

"  This  was  signed  by  all  the  Delegates  of  the 
twelve  Colonies  represented  in  it.  ... 

"As  Georgia  was  not  represented  in  the  Congress 
of  1774,  the  Association  could  have  no  signatures 
from  that  Colony.  But  the  people  of  Georgia,  as 
soon  as  they  could  speak  by  their  Representatives, 


26  HISTORICAL    RESEARCH. 

expressed  themselves  as  distinctly  on  this  point  as 
any  of  their  brethren  of  the  Southern  Colonies.  The 
following  are  among  the  resolutions  adopted  by  the 
Provincial  Congress  of  Georgia,  on  Thursday,  July  6, 
1775 :  — 

1          "  '  L  Resolved,  That  this  Congress  will  adopt,  and  cany 
of  Georgia.    jnto  execution,  all  and  singular  the  measures  and  recom 
mendations  of  the  late  Continental  Congress. 

"  '  4,  JKesolved,  That  we  will  neither  import  or  purchase 
any  slave  imported  from  Africa  or  elsewhere  after  this 
day.' 

"  The  Continental  Association  was  also  adopted  by 
the  Maryland  Convention  on  the  8th  of  December, 
1774;  by  the  South-Carolina  Provincial  Congress  on 
the  llth  of  January,  1775  ;  by  the  Virginia  Conven 
tion  on  the  22d  of  March,  1775  ;  and  by  the  North- 
Carolina  Provincial  Congress  on  the  23d  of  August, 
1775.  The  Assembly  of  Delaware,  on  the  25th  of 
March,  1775,  passed  a  bill  to  prohibit  the  importation 
of  slaves  into  that  Government ;  but  this  was  returned 
by  the  governor,  John  Penn,  who  refused  to  give  it 
his  assent. 

"  Thus  the  Southern  Colonies,  as  far  as  was  possi 
ble,  besides  giving  their  assent  to  the  Association  of 
the  Congress  by  the  signatures  of  their  delegates  to 
that  compact,  each,  in  their  several  Congresses  and 
Conventions,  separately  expressed  their  approval  of 
it,  and  their  determination  to  support  it." 

The  articles  of  the  Continental  Association  were  not 
allowed  to  remain  a  dead  letter.  The  enforcement  of 


NO    DEALINGS   WITH   SLAVE-TRADERS.  27 

the  rules  was  intrusted  to  committees  in  the  several 
Colonies.  The  action  of  one  of  these  committees,  in 
the  case  of  the  violation  of  the  second  article  by  Mr. 
John  Brown,  a  merchant  of  Norfolk,  in  Virginia,  is 
seen  in  the  following  address :  — 

"  '  TO   THE   FREEMEN   OF   VIRGINIA  : 
"  '  COMMITTEE  CHAMBER,  NORFOLK,  March  6,  17"u. 

"  '  Trusting  to  your  sure  resentment  against  the  enemies  Asso 
of  your  country,  we,  the  committee,  elected  by  ballot  for  tion- 
the  Borough  of  Norfolk,  hold  up  for  your  just  indignation 
Mr.  John  Brown,  merchant  of  this  place. 

" '  On  Thursday,  the  2d  of  March,  this  committee  were 
informed  of  the  arrival  of  the  brig  Fanny,  Capt.  Watson, 
with  a  number  of  slaves  for  Mr.  Brown ;  and,  upon  inquiry, 
it  appeared  they  were  shipped  from  Jamaica  as  his  prop 
erty,  and  on  his  account ;  that  he  had  taken  great  pains  to 
conceal  their  arrival  from  the  knowledge  of  the  committee ; 
and  that  the  shipper  of  the  slaves,  Mr.  Brown's  correspond 
ent,  and  the  captain  of  the  vessel,  were  all  fully  apprised 
of  the  Continental  prohibition  against  that  article. 

"'From  the  whole  of  this  transaction,  therefore,  we,  the 
committee  for  Norfolk  Borough,  do  give  it  as  our  unani 
mous  opinion,  that  the  said  John  Brown  has  wilfully  and 
perversely  violated  the  Continental  Association,  to  which 
he  had  with  his  own  hand  subscribed  obedience  ;  and  that, 
agreeable  to  the  eleventh  article,  we  are  bound  forthwith 
to  publish  the  truth  of  the  case,  to  the  end  that  all  such 
foes  to  the  rights  of  British  America  may  be  publicly 
known  and  universally  contemned  as  the  enemies  of  Ameri 
can  liberty,  and  that  every  person  may  henceforth  break 
off  all  dealings  with  him.' 

"  This  decision  of  the  Norfolk  Committee,"  con 
tinues  Mr.  Force,  "  on  the  importation  of  the  slaves  by 


28  HISTORICAL    RESEARCH. 

^r>  Brown,  in  violation  of  the  Continental  Association, 
told  the  whole  story  as  to  who  were,  and  who  were 
not,  in  favor  of  continuing  it.  The  importers  of  the 
negroes  were  the  supporters  of  the  Crown ;  the  im 
portation  was  opposed  by  the  friends  of  the  Colo 
nies." —  Notes  on  Lord  Mahon's  History  of  the  Ameri 
can  Declaration  of  Independence,  pp.  43-46. 

Lord  Mahon's  error  arose  from  applying  to  "  the 
Southern  Colonies "  in  general  the  remarks  of  Mr. 
Jefferson  ("Writings,"  vol.  i.  p.  19)  relating  to  the 
delegates  from  South  Carolina  and  Georgia.  In  the 
same  passage  in  which  these  Colonies  are  mentioned 
with  discredit,  the  pro-slavery  men  at  the  North, 
whose  mercenary  spirit  was  to  be  met,  are  equally 
censured.  Still,  there  cannot  be  any  doubt  that  the 
prevailing  sentiment  of  the  people  at  the  South,  as 
well  as  at  the  North,  was  decidedly  opposed  to  slavery. 
The  evil  was  almost  universally  regarded  as  tempo 
rary,  and  no  one  openly  advocated  its  perpetuation. 

Before  passing  from  the  consideration  of  the  Decla 
ration  of  Independence,  let  us  look,  for  a  moment,  at 
the  practical  interpretation  of  its  language,  as  fur 
nished  by  the  early  legislation  of  some  of  the  States. 

The  declaration  that  all  men  are  born  equal,  and 
that  they  possess  the  unalienable  right  of  liberty,  was 
re-affirmed  by  several  of  the  States,  and  adopted  as  a 
part  of  their  Constitutions.  The  action  of  our  own 
Commonwealth,  in  this  respect,  was  clearly  shown  by 
the  Itev.  Dr.  Bclknap,  the  founder  of  our  Society,  in 
his  "  Answers  to  Queries  respecting  Slavery,"  pro- 


MASSACHUSETTS   ABOLISHES   SLAVERY.  29 

posed  to  him  by  the  Hon.  Judge  Tucker  of  Virginia, 
January  24th,   1795. 

"  The  present  Constitution  of  Massachusetts  was  esta-  KCV.  Dr. 
hlished  in  1780.     The  first  article  of  the  Declaration  of  1! 
Eights  asserts  that  'all  men  are  horn  free  and  equal.'     This 
was  inserted  not  merely  as  a  moral  or  political  truth,  hut 
with  a  particular  view  to  establish  the  liberation  of  the 
negroes  on  a  general  principle  ;    and  so  it  was  understood 
by  the  people  at  large ;    but  some  doubted  whether  this 
were  sufficient. 

"  Many  of  the  blacks,  taking  advantage  of  the  public 
opinion  and  of  this  general  assertion  in  the  Bill  of  Rights, 
asked  their  freedom,  and  obtained  it.  Others  took  it  with 
out  leave.  Some  of  the  aged  and  infirm  thought  it  most 
prudent  to  continue  in  the  families  where  they  had  always 
been  well  used,  and  experience  has  proved  that  they  acted 
right. 

"  In  1781,  at  the  Court  in  Worcester  County,  an  indictment 
was  found  against  a  white  man  for  assaulting,  beating,  and 
imprisoning  a  black.  He  was  tried  at  the  Supreme  Judi 
cial  Court  in  1783.  His  defence  was,  that  the  black  was 
his  slave ;  and  that  the  beating,  <tc.  was  the  necessary 
restraint  and  correction  of  the  master.  This  was  answered 
by  citing  the  aforesaid  clause  in  the  Declaration  of  Rights. 
The  judges  and  jury  were  of  opinion,  that  he  had  no  right 
to  beat  or  imprison  the  negro.  He  was  found  guilty,  and 
fined  forty  shillings.  This  decision  was  a  mortal  wound  to 
slavery  in  Massachusetts."  —  Mass.  Hist.  Coll.,  First  Series, 
vol.  iv.  p.  203. 

The  Hon.  Emory  Washburn,  in  his  admirable  pa 
per  on  the  "  Extinction  of  Slavery  in  Massachusetts," 
communicated  to  our  Society  at  the  regular  meeting 
in  May,  1857,  and  published  in  the  Proceedings  for 
that  year,  gives  a  pretty  full  account  of  this  trial. 


30  HISTORICAL    RESEARCH. 

r>™f          The  brief  used  by  Mr.  Lincoln,  the  counsel  for  the 

of  Mr. 

Lincoln.  11CgrOj  was  placed  in  the  hands  of  Mr.  Washburn  by 
the  son  of  the  eminent  counsellor,  our  venerable  and 
respected  associate,  the  Hon.  Levi  Lincoln  of  Wor 
cester,  for  many  years  Governor  of  this  Common 
wealth.  Every  word  of  it,  and  of  the  whole  paper 
of  Mr.  Washburn,  ought  to  be  carefully  read  and 
pondered  at  the  present  time.  A  few  extracts  will 
give  some  idea  of  the  character  of  the  arguments  so 
effectively  used  at  that  period,  when  the  authors  of  the 
declaration  of  Independence  and  the  founders  of 
the  Republic  were  still  struggling  to  establish  our 
Government  on  the  firm  basis  of  equal  and  eternal 
justice.  A  solemn  appeal  to  the  "  higher  law  "  was 
not,  in  those  days,  denounced  as  moral  or  political 
heresy. 

"  When  a  fellow-subject  is  restrained  of  his  liberty,  it  is 
an  attack  upon  every  other  subject ;  and  every  one  has  a 
right  to  aid  him  in  regaining  his  liberty. 

"  What,  in  this  respect,  are  to  be  the  consequences  of 
your  verdict?  Will  it  not  be  tidings  of  great  joy  to  this 
community  ?  It  is  virtually  opening  the  prison-doors,  and 
letting  the  oppressed  go  free  ! 

"  Could  they  expect  to  triumph  in  their  struggle  with 
Great  Britain,  and  become  free  themselves,  until  they  let 
those  go  free  who  were  under  them  ?  Were  they  not  act 
ing  like  Pharaoh  and  the  Egyptians,  if  they  refused  to  set 
these  free  ? 

"  But  the  plaintiff  insists  that  it  is  not  true,  as  stated  in 
the  Constitution,  that  all  men  are  born  free ;  for  children 
are  born  and  placed  under  the  power  and  control  of  their 
parents. 


SLAVE   TRIAL    IN   MASSACHUSETTS.  31 

"  This  may  be.     But  they  are  not  born  as  slaves  :  they  Bricf 
are  under  the  power  of  their  parents,  to  be  nursed  and  Lincoln. 
nurtured  and  educated  for  their  good. 

"  And  the  black  child  is  born  as  much  a  free  child  in  this 
sense  as  if  it  were  white. 

"  In  making  out  that  negroes  are  the  property  of  their 
masters,  the  counsel  for  the  plaintiff  speak  of  lineage,  and 
contend  that  the  children  of  slaves  must  be  slaves  in  the 
same  way  that,  because  our  first  parents  fell,  we  all  fell 
with  them. 

"  But  are  not  all  mankind  born  in  the  same  way  ?  Are 
not  their  bodies  clothed  with  the  same  kind  of  flesh  ?  Was 
not  the  same  breath  of  life  breathed  into  all?  We  are 
under  the  same  gospel  dispensation,  have  one  common  Sa 
viour,  inhabit  the  same  globe, die  in  the  same  manner;  and 
though  the  white  man  may  have  his  body  wrapped  in  fine 
linen,  and  his  attire  may  be  a  little  more  decorated,  there 
all  distinction  of  man's  making  ends.  We  all  sleep  on  the 
same  level  in  the  dust.  We  shall  all  be  raised  by  the  sound 
of  one  common  trump,  calling  unto  all  that  are  in  their 
graves,  without  distinction,  to  arise  ;  shall  be  arraigned  at 
one  common  bar ;  shall  have  one  common  Judge,  and  be 
tried  by  one  common  jury,  and  condemned  or  acquitted  by 
one  common  law, — by  the  gospel,  the  perfect  law  of  li 
berty. 

"  This  cause  will  then  be  tried  again,  and  your  verdict 
will  there  be  tried.  Therefore,  gentlemen  of  the  jury,  let 
me  conjure  you  to  give  such  a  verdict  now  as  will  stand 
this  test,  and  be  approved  by  your  own  minds  in  the  last 
moments  of  your  existence,  and  by  your  Judge  at  the 
last  day. 

"  It  will  then  be  tried  by  the  laws  of  reason  and  revela 
tion. 

"  Is  it  not  a  law  of  nature,  that  all  men  arc  equal  and 
free? 


32  IIISTOPJCAL    RESEARCH. 

Brief  "  Is  nOt  the  law  of  nature  the  law  of  God  ? 

Lincoln.         "  Is  not  the  law  of  God,  then,  against  slavery  ? 

"  If  there  is  no  law  of  man  establishing  it,  there  is  no 
difficulty.  If  there  is,  then  the  great  difficulty  is  to  deter 
mine  which  law  you  ought  to  obey ;  and,  if  you  shall  have 
the  same  ideas  as  I  have  of  present  and  future  things,  you 
will  obey  the  former. 

"  The  worst  that  can  happen  to  you  for  disobeying  the 
former  is  the  destruction  of  the  body ;  for  the  last,  that  of 
your  souls."  —  Proceedings  of  the  Mass.  Hist.  Soc.,  1855-58, 
pp.  198-201. 

Other  contemporary  documents  might  be  cited  to 
show  how  such  language  as  that  used  in  the  Declara 
tion  of  Independence  was  interpreted  by  the  legisla 
tive  and  legal  action  of  the  day.  I  will  only  give  the 
first  article  in  the  Constitution  of  Vermont :  — 

"  All  men  are  born  equally  free  and  independent,  and 
Vermont,  have  certain  natural,  inherent,  and  inalienable  rights  ; 
among  which  are  the  enjoying  and  defending  life  and  lib 
erty;  acquiring,  possessing,  and  protecting  property;  and 
pursuing  and  obtaining  happiness  and  safety :  therefore  no 
male  person,  born  in  this  country  or  brought  from  over  sea, 
ought  to  be  liolden  by  law  to  serve  any  person  as  a  servant, 
slave,  or  apprentice,  after  he  arrives  to  the  age  of  twenty- 
one  years ;  nor  female,  in  like  manner,  after  she  arrives  to 
the  age  of  eighteen  years ;  unless  they  are  bound  by  their 
own  consent  after  they  arrive  to  such  age,  or  bound  by 
the  law  for  the  payment  of  debts,  damages,  fines,  costs,  or 
the  like." 

The  Articles  of  Confederation  —  which  constituted 
the  Law  of  the  Land  from  the  time  of  their  passage 
in  1778  to  the  adoption  of  the  Federal  Constitution  — 
recognized  and  granted  to  free  negroes  the  same 


ARTICLES   OF   CONFEDERATION.  33 

privileges  of  citizenship  which  belonged  to  white  in 
habitants.     The  fourth  article  is  as  follows :  — 

"  ART.  4.  —  The  better  to  secure  and  perpetuate  mutual  Free 

negroes 

friendship  and  intercourse  among  the  people  of  the  differ-  regarded  as 
ent  States  in  this  Union,  the  free  inhabitants  of  each  of 
these  States  —  paupers,  vagabonds,  and  fugitives  from 
justice  excepted  —  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  States  ;  and  the 
people  of  each  State  shall  have  free  ingress  and  regress  to 
and  from  any  other  State,  and  shall  enjoy  therein  all  the 
privileges  of  trade  and  commerce,  subject  to  the  same 
duties,  impositions,  and  restrictions  as  the  inhabitants  there 
of,  respectively  ;  provided  that  such  restrictions  shall  not 
extend  so  far  as  to  prevent  the  removal  of  property  im 
ported  into  any  State  from  any  other  State,  of  which  the 
owner  is  an  inhabitant ;  provided,  also,  that  no  imposition, 
duty,  or  restriction,  shall  be  laid  by  any  State  on  the  pro 
perty  of  the  United  States,  or  either  of  them."  —  Elliot's 
Delates,  vol.  i.  p.  79. 

It  was  not  by  accident  or  oversight  that  negroes 
were  included  in  the  phrase  "  free  inhabitants "  ; 
for,  when  this  article  was  under  consideration,  the 
delegates  from  South  Carolina  moved  to  amend,  by 
inserting  between  the  words  "free"  and  "inhabit 
ants  "  the  word  "  white."  The  proposed  amendment 
was  lost ;  only  two  States  voting  in  the  affirmative. 

In  the  ninth  article,  the  word  "white"  was  re 
tained.  The  State  of  New  Jersey,  although  a  slave- 
holding  State,  objected  to  this,  and  made  a  repre 
sentation  to  Congress  on  the  subject ;  an  extract  from 
which  is  pertinent  here  :  — 

5 


HISTORICAL    KESEAKCH. 


New  Jersey 
objects  to 
the  omis 
sion  of 
negroes. 


"  The  ninth  article  also  provides  that  the  requisition 
for  the  land  forces,  to  be  furnished  by  the  several  States, 
shall  be  proportioned  to  the  number  of  white  inhabitants  in 
each.  In  the  act  of  Independence,  we  find  the  following 
declaration  :  '  We  hold  these  truths  to  be  self-evident :  that 
all  men  are  created  equal ;  that  they  are  endued  by  their 
Creator  with  certain  unalienable  rights,  among  which  are 
life,  liberty,  and  the  pursuit  of  happiness.'  Of  this  doctrine 
it  is  not  a  very  remote  consequence,  that  all  the  inhabitants 
of  every  society,  be  the  color  of  their  complexion  what  it 
may,  are  bound  to  promote  the  interest  thereof,  according 
to  their  respective  abilities.  They  ought,  therefore,  to  be 
brought  into  the  account,  on  this  occasion.  But  admitting 
necessity  or  expediency  to  justify  the  refusal  of  liberty,  in 
certain  circumstances,  to  persons  of  a  particular  color,  we 
think  it  unequal  to  reckon  upon  such  in  this  case.  Should 
it  be  improper,  for  special  local  reasons,  to  admit  them  in 
arms  for  the  defence  of  the  nation,  yet  we  conceive  the 
proportion  of  forces  to  be  embodied  ought  to  be  fixed  ac 
cording  to  the  whole  number  of  inhabitants  in  the  State, 
from  whatever  class  they  may  be  raised.  If  the  whole 
number  of  inhabitants  in  a  State,  whose  inhabitants  are  all 
whites,  both  those  who  are  called  into  the  field  and  those 
who  remain  to  till  the  ground  and  labor  in  mechanical  arts 
and  otherwise,  are  reckoned  in  the  estimate  for  striking 
the  proportion  of  forces  to  be  furnished  by  that  State,  ought 
even  a  part  of  the  latter  description  to  be  left  out  in  an 
other?  As  it  is  of  indispensable  necessity,  in  every  war, 
that  a  part  of  the  inhabitants  be  employed  for  the  uses  of 
husbandry  and  otherwise  at  home,  while  others  are  called 
into  the  field,  there  must  be  the  same  propriety  that  own 
ers  of  a  different  color,  who  are  employed  for  this  purpose 
in  one  State,  while  whites  are  employed  for  the  same  pur 
pose  in  another,  be  reckoned  in  the  account  of  the  inhabit 
ants  in  the  present  instance."  —  Elliot's  Debates,  vol.  i. 
p.  89. 


PRINCIPLES   OF   THE    REVOLUTIONARY   PATRIOTS.  35 

The  opinions  of  the  founders  of  the  Republic  re-  opinions 
specting  the  slavery  and  the  citizenship  of  negroes,  ^"^l 
as  expressed  in  some  of  the  most  important  of  their  Publlc- 
public  acts,  from  the  commencement  to  the  close  of 
their  struggle  for  National  Independence,  and  during 
the  period  of  the  Confederation,  may  be  gathered 
from  the  documents  already  cited.  They  had  pro 
claimed  to  the  world  the  Universal  Magna  Charta 
which  the  Creator  and  Governor  of  men  had  granted 
to  his  subjects.  This  charter  of  natural  and  unalien- 
able  rights  had  been  timidly  read  and  faintly  spoken, 
by  now  and  then  a  friend  of  liberty,  in  earlier  times. 
Our  patriot  Fathers  were  the  first  boldly  to  publish 
it  to  "  mankind  " ;  to  adopt  these  "  self-evident  truths  " 
as  their  National  Creed ;  and,  "  appealing  to  the  Su 
preme  Judge  of  the  universe  for  the  rectitude  of  their 
intentions,"  to  announce  their  solemn  purpose  of  es 
tablishing  a  Government,  with  these  principles  for 
its  chief  corner-stone. 

With  such  principles  and  motives  to  stimulate  their 
patriotism  and  nerve  their  courage,  they  could  not 
fail.  The  mighty  power  of  the  mother-country  was 
impotent  when  wielded  against  the  cause  of  Liberty. 
The  Independence  of  the  United  States  was  acknowl 
edged  by  Great  Britain,  and  we  took  our  place 
among  the  nations  of  the  earth. 

The  Articles  of  Confederation  served  their  purpose 
during  the  war,  but  were  found  inadequate  to  the 
growing  wants  of  the  Government.  A  Convention 
was  accordingly  called,  to  meet  in  Philadelphia  on 


36  HISTORICAL    RESEARCH. 

the  second  Monday  in  May  in  1787,  to  frame  a  Con 
stitution. 

Before  considering  particularly  the  language  of  the 
Constitution,  "the  palladium  of  our  liberties,"  let  us 
look  for  a  moment  at  some  of  the  men  to  whom  was 
intrusted  this  important  work,  and  see  with  what 
minds  they  came  to  the  performance  of  the  duty 
assigned  them. 

Among  the  delegates,  we  find  the  names  of  George 
Washington  of  Virginia,  and  Benjamin  Franklin  of 
Pennsylvania.  The  former  was  unanimously  elected 
President  of  the  Convention.  Dr.  Franklin  was  the 
only  man  who  could  have  been  thought  of  as  a  com 
petitor  for  the  place.  He  was  to  have  made  the 
nomination  of  Washington :  but,  owing  to  the  state 
of  the  weather  and  of  his  health,  he  was  confined  to 
his  house  ;  and  his  colleague,  Robert  Morris,  in  be 
half  of  the  delegation  from  Pennsylvania,  proposed 
"  George  Washington,  Esq.,  late  Commander-in-chief," 
for  President  of  the  Convention. 

The  character  and  position  of  these  two  pre-eminent 
patriots,  from  different  States,  one  a  slave-holder  and 
the  other  not,  give  the  greatest  weight  to  their  opin 
ions.  They  have  both  left  distinct  records  of  their 
views  on  the  subject  of  slavery. 

Though,  by  inheritance  and  other  circumstances 
entirely  beyond  his  control,  Washington  found  himself 
a  slave-holder,  yet  he  never  defended  the  institution 
of  slavery,  or  desired  its  perpetuity.  On  the  contrary, 
we  find,  that,  before  he  had  drawn  his  sword  in  defence 


WASHINGTON'S  OPINIONS  ON  SLAVERY.  37 

of  the  independence  of  his  country,  he  had  uttered 
his  testimony  against  slavery  in  the  fullest  manner ; 
and,  through  his  whole  life,  his  desire  to  clear  himself 
and  his  country  from  the  foul  blot  was  sincere  and 
constant. 

It  had  become  quite  common,  during  the  year  pre-  Fairfax 

J  County  Re 

ceding  the  commencement  of  hostilities  between  the  solves- 

colonists  and  the  mother-country,  for  the  people  to 
meet  in  their  respective  counties  or  towns,  to  express, 
through  addresses  and  resolutions,  their  sentiments 
and  views  respecting  the  condition  of  affairs.  Such 
a  meeting  was  held  on  the  18th  of  July,  1774,  at 
the  Fairfax  County  Court  House,  in  Virginia  ;  and  a 
series  of  twenty-four  resolutions,  prepared  by  a  Com 
mittee  of  which  Washington  was  chairman,  was 
adopted. 

Three  of  these  resolves  are  here  given :  — 

"  17.  Resolved,  That  it  is  the  opinion  of  this  meeting,  that, 
during  our  present  difficulties  and  distress,  no  slaves  ought  to  be 
imported  into  any  of  the  British  colonies  on  this  continent ;  and 
we  take  this  opportunity  of  declaring  our  most  earnest  wishes  to 
see  an  entire  stop  for  ever  put  to  such  a  wicked,  cruel,  and  un 
natural  trade.  

"21.  Resolved,  That  it  is  the  opinion  of  this  meeting,  that 
this  and  the  other  associating  colonies  should  break  off  all  trade, 
intercourse,  and  dealings  with  that  colony,  province,  or  town, 
which  shall  decline,  or  refuse  to  agree  to,  the  plan  which  shall  be 
adopted  by  the  General  Congress.  

"24.  Resolved,  That  George  Washington  and  Charles  Broad- 
water,  lately  elected  our  representatives  to  serve  in  the  General 
Assembly,  be  appointed  to  attend  the  Convention  at  Williamsburg 
on  the  first  day  of  August  next,  and  present  these  resolves,  as  the 


38  HISTORICAL    RESEARCH. 

Fairfnx      sense  of  the  people  of  this   county  upon   the    measures    proper 
Resolve?,   to  be  taken  in  the  present  alarming  and  dangerous  situation  of 
America." 

llespecting  these  resolutions,  Mr.  Sparks  observes: 

"  The  draught,  from  which  the  resolves  are  printed, 
I  find  among  Washington's  papers,  in  the  handwriting 
of  George  Mason,  by  whom  they  were  probably  drawn  up  ; 
yet,  as  they  were  adopted  by  the  Committee  of  which 
Washington  was  chairman,  and  reported  by  him  as  modera 
tor  of  the  meeting,  they  may  be  presumed  to  express  his 
opinions,  formed  on  a  perfect  knowledge  of  the  subject,  and 
after  cool  deliberation.  This  may  indeed  be  inferred  from 
his  letter  to  Mr.  Bryan  Fairfax,  in  which  he  intimates  a 
doubt  only  as  to  the  article  favoring  the  idea  of  a  further 
petition  to  the  king.  He  was  opposed  to  such  a  step, 
believing  enough  had  been  done  in  this  way  already ;  but 
he  yielded  the  point  in  tenderness  to  the  more  wavering 
resolution  of  his  associates. 

"  These  resolves  are  framed  with  much  care  and  ability, 
and  exhibit  the  question  then  at  issue,  and  the  state  of 
public  feeling,  in  a  manner  so  clear  and  forcible  as  to  give 
them  a  special  claim  to  a  place  in  the  present  work,  in 
addition  to  the  circumstance  of  their  being  the  matured 
views  of  Washington  at  the  outset  of  the  great  Revolution 
ary  struggle,  in  which  he  was  to  act  so  conspicuous  a 
part 

"  Such  were  the  opinions  of  Washington,  and  his  asso 
ciates  in  Virginia,  at  the  beginning  of  the  Revolutionary 
contest.  The  seventeenth  resolve  merits  attention,  from 
the  pointed  manner  in  which  it  condemns  the  slave-trade." 
-  Sparks's  Washington,  vol.  ii.  pp.  488,  494,  495. 

Washington  not  only  condemned  the  slave-trade, 
but  expressed  in  the  most  decided  terms  his  disap 
probation  of  domestic  slavery.  He  discountenanced 


WASHINGTON'S  OPINIONS  ON  SLAVERY.  39 

the  interference  of  non-slaveholders  in  attempting  to 
liberate  slaves  without  the  consent  of  their  masters ; 
but  at  the  same  time,  in  a  letter  on  the  subject  to 
Robert  Morris,  12th  April,  1786,  he  was  careful  to 
add:  — 

"  I  hope  it  will  not  be  conceived  from  these  observations 
that  it  is  my  wish  to  hold  the  unhappy  people,  who  are  the 
subject  of  this  letter,  in  slavery.  I  can  only  say,  that  there 
is  not  a  man  living  who  wishes  more  sincerely  than  I  do  to 
see  some  plan  adopted  for  the  abolition  of  it :  but  there  is 
only  one  proper  and  effectual  mode  by  which  this  can  be 
accomplished,  and  that  is  by  legislative  authority  ;  and  this, 
as  far  as  my  suffrage  will  go,  shall  never  be  wanting."  — 
Sparks's  Washington,  vol.  ix.  p.  159. 

On  the  9th  of  September  of  this  same  year,  Washing 
ton  wrote  to  Mr.  John  F.  Mercer,  of  Maryland  :  — 

"  I  never  mean,  unless  some  particular  circumstance 
should  compel  me  to  it,  to  possess  another  slave  by  pur 
chase  ;  it  being  among  my  first  wishes  to  see  some  plan 
adopted  by  which  slavery  in  this  country  may  be  abolished 
by  law."  —  Ibid. 

That  Washington  believed  his  wishes  with  regard 
to  the  abolition  of  slavery  would  at  no  distant  day  be 
realized,  is  evident  from  a  letter  to  Sir  John  Sin 
clair,  llth  December,  179C  :  — 

"  The  present  prices  of  lands  in  Pennsylvania  are  higher 
than  they  are  in  Maryland  and  Virginia,  although  they 
are  not  of  superior  quality  ;  [among  other  reasons]  because 
there  are  laws  here  for  the  gradual  abolition  of  slavery, 
which  neither  of  the  two  States  above  mentioned  have 
at  present,  but  which  nothing  is  more  certain  than  they 
must  have,  and  at  a  period  not  remote."  -- Sparks' s  Wash 
ington,  vol.  xii.  p.  326. 


40  HISTORICAL    RESEARCH. 

Lafayette,  the  bosom  friend,  who  shared  so  fully 
the  confidence  and  sympathy  of  Washington,  was  in 
frequent  correspondence  with  him  on  the  subject  of 
slavery. 

No  sooner  had  hostilities  ceased,  than  he  set  about 
devising  some  practical  plan  for  ridding  the  country, 
which  his  valor  had  helped  to  free  from  the  yoke  of 
British  oppression,  of  an  evil  which  he  declared  to  be 
"  a  crime  much  blacker  than  any  African  face." 

The  5th  of  February,  1783,  Lafayette  writes:  — 

Lafayette.  "  Now,  my  dear  General,  that  you  are  going  to  enjoy 
some  ease  and  quiet,  permit  me  to  propose  a  plan  to  you, 
which  might  become  greatly  beneficial  to  the  black  part  of 
mankind.  Let  us  unite  in  purchasing  a  small  estate,  where 
we  may  try  the  experiment  to  free  the  negroes,  and  use 
them  only  as  tenants.  Such  an  example  as  yours  might 
render  it  a  general  practice  ;  and,  if  we  succeed  in  America, 
I  will  cheerfully  devote  a  part  of  my  time  to  render  the 
method  fashionable  in  the  West  Indies.  If  it  be  a  wild 
scheme,  I  had  rather  be  mad  in  this  way,  than  to  be  thought 
wise  in  the  other  task."  —  Correspondence  of  the  American 
Revolution,  vol.  iii.  pp.  547. 

To  this  letter,  Washington  replies,  April  5th, 
1783:  — 

Washing-  «  The  scheme,  my  dear  Marquis,  which  you  propose  as  a 
precedent  to  encourage  the  emancipation  of  the  black 
people  in  this  country  from  that  state  of  bondage  in  which 
they  are  held,  is  a  striking  evidence  of  the  benevolence  of 
your  heart.  I  shall  be  happy  to  join  you  in  so  laudable  a 
work,  but  will  defer  going  into  a  detail  of  the  business  till 
I  have  the  pleasure  of  seeing  you."  -  —  Sparks'^  Washington, 
vol.  viii.  pp.  414,  415. 


WASHINGTON   AND    LAFAYETTE.  41 

Three  years  later,  and  after  Lafayette  had  put  his 
plan  into  practice,  Washington  wrote  to  him  in  a  tone 
of  mingled  approval  of  what  he  had  done,  and 
despondency  as  to  any  immediate  action  on  the  sub 
ject  in  this  country :  — 

"MOUNT  VERNON,  10th  May,  1786. 

"  The  benevolence  of  your  heart,  my  dear  Marquis,  is  Washmg- 

•n  •  IT  i       t0"- 

so  conspicuous  upon  all  occasions,  that  I  never  wonder 

at  any  fresh  proofs  of  it;  but  your  late  purchase  of  an 
estate  in  the  colony  of  Cayenne,  with  a  view  of  emanci 
pating  the  slaves  on  it,  is  a  generous  and  noble  proof  of 
your  humanity.  Would  to  God  a  like  spirit  might  diffuse 
itself  generally  into  the  minds  of  the  people  of  this  coun 
try  !  But  I  despair  of  seeing  it.  Some  petitions  were 
presented  to  the  Assembly,  at  its  last  session,  for  the  aboli 
tion  of  slavery ;  but  they  could  scarcely  obtain  a  reading. 
To  set  the  slaves  afloat  at  once,  would,  I  really  believe,  bo 
productive  of  much  inconvenience  and  mischief;  but  by 
degrees  it  certainly  might,  and  assuredly  ought  to  bo 
effected,  and  that,  too,  by  legislative  authority." — Sparlcs's 
Washington,  vol.  ix.  pp.  1G3,  1G4. 

The  following  note  on  this  subject  is  added  by  Mr. 
kS parks :  — 

"  In  a  remarkable  and  very  interesting  letter,  written  Lafayette. 
by  Lafayette  in  the  prison  of  Magdeburg  [March  15, 
1793,  to  the  Princess  d'Hcnin],  he  said,  '  I  know 
not  what  disposition  has  been  made  of  my  plantation  at 
Cayenne  ;  but  I  hope  Madame  de  Lafayette  will  take  care 
that  the  negroes,  who  cultivate  it,  shall  preserve  their 
liberty.'  " 

To  John  Adams,  also,  Lafayette  wrote  from  Paris 
in  1786:- 

6 


42 


HISTORICAL    RESEARCH. 


Lafayette. 


Washing 
ton's  Will. 


"  In  the  cause  of  my  black  brethren,  I  feel  myself  warmly 
interested,  and  most  decidedly  side,  so  far  as  respects  them, 
against  the  white  part  of  mankind.  Whatever  be  the  com 
plexion  of  the  enslaved,  it  does  not,  in  my  opinion,  alter  the 
complexion  of  the  crime  which  the  enslaver  commits,  —  a 
crime  much  blacker  than  any  African  face.  It  is  to  me  a 
matter  of  great  anxiety  and  concern,  to  find  that  this  trade 
is  sometimes  perpetrated  under  the  flag  of  liberty,  our  dear 
and  noble  stripes,  to  which  virtue  and  glory  have  been 
constant  standard-bearers."  —  Life  and  Works  of  John 
Adams,  vol.  viii.  p.  376. 

The  opinions  with  regard  to  slavery  which  Wash 
ington  held  before  the  adoption  of  the  Federal  Con 
stitution  were  never  relinquished.  Only  two  years 
before  he  died  (as  we  learn  from  Mr.  Irving,  who  had 
the  original  letter  before  him),  he  said,  writing  to  his 
nephew,  Lawrence  Lewis,  "  I  wish  from  my  soul 
that  the  Legislature  of  this  State  could  see  the  policy 
of  a  gradual  abolition  of  slavery.  It  might  prevent 
much  future  mischief." 

"  On  opening  the  will  which  he  had  handed  to  Mrs. 
Washington  shortly  before  his  death,  it  was  found  to  have 
been  carefully  drawn  up  by  himself  in  the  preceding  July ; 
and,  by  an  act  in  conformity  with  his  whole  career,  one  of 
its  first  provisions  directed  the  emancipation  of  his  slaves 
on  the  decease  of  his  wife.  It  had  long  been  his  earnest 
wish,  that  the  slaves  held  by  him  in  his  own  right  should 
receive  their  freedom  during  his  life  ;  but  he  had  found 
that  it  would  be  attended  wTith  insuperable  difficulties,  on 
account  of  their  intermixture  by  marriage  with  the  'dower 
negroes,'  whom  it  was  not  in  his  power  to  manumit  under 
the  tenure  by  which  they  were  held. 

"  With  provident  benignity,  he  also  made  provision  in 


WASHINGTON    FREES   ALL    HIS   SLAVES.  43 

his  will  for  such  as  were  to  receive  their  freedom  under  Washing- 
tins  devise,  but  who,  from  age,  bodily  infirmities,  or  infancy, 
might  be  unable  to  support  themselves;  and  he  expressly 
forbade,  under  any  pretence  whatsoever,  the  sale  or  trans 
portation  out  of  Virginia,  of  any  slave  of  whom  he  might 
die  possessed.  Though  born  and  educated  a  slave-holder, 
this  was  all  in  consonance  with  feelings,  sentiments,  and 
principles  which  he  had  long  entertained." — Irvimfs  Wash 
ington,  vol.  v.  pp.  316,  317. 

The  second  item  of  that  long  will,  coming  imme 
diately  after  the  bequest  to  his  "  dearly  beloved  wife," 
is  here  given :  — 

"Item.  —  Upon  the  decease  of  my  wife,  it  is  my  will  and 
desire  that  all  the  slaves  whom  I  hold  in  my  oivn  rigid  shall 
receive  their  freedom.  To  emancipate  them  during  her 
life,  would,  though  earnestly  wished  by  me,  be  attended 
with  such  insuperable  difficulties,  on  account  of  their  in 
termixture  by  marriage  with  the  dower  negroes,  as  to 
excite  the  most  painful  sensations,  if  not  disagreeable  con 
sequences  to  the  latter,  while  both  descriptions  are  in  the 
occupancy  of  the  same  proprietor ;  it  not  being  in  my 
power,  under  the  tenure  by  which  the  dower  negroes  are 
held,  to  manumit  them.  And  whereas,  among  those  who 
will  receive  freedom  according  to  this  devise,  there  may 
be  some,  who,  from  old  age  or  bodily  infirmities,  and  others, 
who,  on  account  of  their  infancy,  will  be  unable  to  support 
themselves,  it  is  my  will  and  desire,  that  all  who  come 
under  the  first  and  second  description  shall  be  comfortably 
clothed  and  fed  by  my  heirs  while  they  live ;  and  that  such 
of  the  latter  description  as  have  no  parents  living,  or,  if 
living,  are  unable  or  unwilling  to  provide  for  them,  shall 
be  bound  by  the  court  until  they  shall  arrive  at  the  age  of 
twenty-five  years ;  and  in  cases  where  no  record  can  be 
produced,  whereby  their  ages  can  be  ascertained,  the  judg- 


44  HISTORICAL    RESEARCH. 

Washing-  ment  of  the  court,  upon  its  own  view  of  the  subject,  shall 
be  adequate  and  final.  The  negroes  thus  bound,  are  (by 
their  masters  or  mistresses)  to  be  taught  to  read  and  write, 
and  to  be  brought  up  to  some  useful  occupation,  agreeably 
to  the  laws  of  the  Commonwealth  of  Virginia  providing 
for  the  support  of  orphan  and  other  poor  children.  And  I 
do  hereby  expressly  forbid  the  sale  or  transportation  out  of 
the  said  Commonwealth,  of  any  slave  I  may  die  possessed 
of,  under  any  pretence  whatsoever.  And  I  do,  moreover, 
most  pointedly  and  most  solemnly  enjoin  it  upon  my  execu 
tors  hereafter  named,  or  the  survivors  of  them,  to  see  that 
this  clause  respecting  slaves,  and  every  part  thereof,  be 
religiously  fulfilled  at  the  epoch  at  which  it  is  directed  to 
take  place,  without  evasion,  neglect,  or  delay,  after  the 
crops  which  may  then  be  on  the  ground  are  harvested, 
particularly  as  it  respects  the  aged  and  infirm  ;  seeing  that 
a  regular  and  permanent  fund  be  established  for  their  sup 
port,  as  long  as  there  are  subjects  requiring  it ;  not  trusting 
to  the  uncertain  provision  to  be  made  by  individuals.  And 
to  my  mulatto  man,  William,  calling  himself  William  Lee,  I 
give  immediate  freedom ;  or,  if  he  should  prefer  it  (on  ac 
count  of  the  accidents  which  have  befallen  him,  and  which 
have  rendered  him  incapable  of  walking  or  of  any  active 
employment),  to  remain  in  the  situation  he  now  is,  it  shall 
be  optional  in  him  to  do  so :  in  either  case,  however,  I 
allow  him  an  annuity  of  thirty  dollars,  during  his  natural 
life,  which  shall  be  independent  of  the  victuals  and  clothes 
he  has  been  accustomed  to  receive,  if  he  chooses  the  last 
alternative ;  but  in  full  with  his  freedom,  if  he  prefers  the 
first.  And  this  I  give  him  as  a  testimony  of  my  sense  of 
his  attachment  to  mo,  and  for  his  faithful  services  during 
the  revolutionary  war." — Sparks' 8  Washington,  vol.  xii. 
pp.  5G9-570. 

Franklin  Although  slavery  was  tolerated  in  the  Colony 
where  he  was  born,  and  also  where  he  afterwards 


FRANKLIN    ON    SLAVERY.  45 

became  a  resident,  Franklin  never  owned  a  slave.  Franklin. 
His  opinions  on  the  subject  agreed  substantially  with 
those  entertained  by  Washington ;  and,  like  "  the 
Father  of  his  Country,"  this  great  philosopher,  pa 
triot,  and  statesman  not  only  denounced  negro  slavery 
when  struggling  for  national  liberty,  but  left,  among 
his  last  legacies  to  his  countrymen,  the  most  emphatic 
testimony  against  the  institution. 

In  a  letter  to  John  Wright  of  London,  he  gives  an 
account  of  the  early  endeavors  of  the  Friends  in  this 
country  to  abolish  slavery ;  and,  at  the  same  time, 
expresses  incidentally  his  own  views  on  the  sub 
ject:— 

"  I  wish  success  to  your  endeavors  for  obtaining  an  F.:u-iy 
abolition  of  the  slave-trade.  The  epistle  from  your  Yearly  against 
Meeting,  for  the  year  1758,  was  not  the  first  solving  of  the 
good  seed  you  mention ;  for  I  find,  by  an  old  pamphlet  in 
my  possession,  that  George  Keith,  near  a  hundred  years 
since,  wrote  a  paper  against  the  practice,  said  to  be  '  given 
forth  by  the  appointment  of  the  meeting  held  by  him  at 
Philip  James's  house,  in  the  city  of  Philadelphia,  about  the 
year  1693';  wherein  a  strict  charge  was  given  to  Friends, 
'  that  they  should  set  their  negroes  at  liberty,  after  some 
reasonable  time  of  service,  &c.  <fcc.'  And,  about  the  year 
1728  or  1729,  I  myself  printed  a  book  for  Ralph  Sandy- 
ford,  another  of  your  Friends  in  this  city,  against  keeping 
negroes  in  slavery;  two  editions  of  which  he  distributed 
gratis.  And,  about  the  year  1736,  I  printed  another  book 
on  the  same  subject,  for  Benjamin  Lay,  who  also  professed 
being  one  of  your  Friends ;  and  he  distributed  the  books 
chiefly  among  them.  By  these  instances,  it  appears  that 
the  seed  was  indeed  sown  in  the  good  ground  of  your 
profession,  though  much  earlier  than  the  time  you  mention  ; 


46  HISTORICAL    RESEARCH. 

Franklin.  an(i  jts  springing  up  to  effect  at  last,  though  so  late,  is 
some  confirmation  of  Lord  Bacon's  observation,  that  a  good 
motion  never  dies;  and  it  may  encourage  us  in  making  such, 
though  hopeless  of  their  taking  immediate  effect."  — 
Sjjarks's  Franklin,  vol.  x.  p.  403. 

In  a  letter  to  Dean  Woodward,  dated  London, 
April  10,  1773,  Dr.  Franklin  says, — 

..."  I  have  since  had  the  satisfaction  to  learn  that  a 
disposition  to  abolish  slavery  prevails  in  North  America ; 
that  many  of  the  Pcnnsylvanians  have  set  their  slaves  at 
liberty ;  and  that  even  the  Virginia  Assembly  have  peti 
tioned  the  king  for  permission  to  make  a  law  for  preventing 
the  importation  of  more  into  that  Colony.  This  request, 
however,  will  probably  not  be  granted,  as  their  former 
laws  of  that  kind  have  always  been  repealed,  and  as  the 
interest  of  a  few  merchants  here  has  more  weight  with 
Government  than  that  of  thousands  at  a  distance."  - 
Sparks' s  Franklin,  vol.  viii.  p.  42. 

In  1789  was  issued  an  address  to  the  public,  bear 
ing  the  signature  of  this  venerable  man,  then  in  his 
eighty-fourth  year,  the  last  of  his  life.  This  address 
is  here  reprinted  entire  :  — 

"  AN     ADDRESS     TO     THE    PUBLIC. 

"  From  (he  Pennsylvania  Society  for  I'rotnoting  ilia  Abolition  of 
ftlnccry,  and  the  Eelief  of  Free  Ncyrocs  unlawfully  held  -tn 
Bondage. 

"  It  is  with  peculiar  satisfaction  we  assure  the  friends 
of  humanity,  that,  in  prosecuting  the  design  of  our  asso 
ciation,  our  endeavors  have  proved  successful,  far  beyond 
our  most  sanguine  expectations. 

"  Encouraged  by  this  success,  and  by  the  daily  progress 


PENNSYLVANIA    ABOLITION   SOCIETY.  47 

of  that  luminous  and  benign^£irrfc_o£J.ibert):,  which  is  Franklin. 
diffusing  itself  throughout  the  world,  and  humbly  hoping 
for  the  continuance  of  the  divine  blessing  on  our  labors, 
we  have  ventured  to  make  an  important  addition  to  our 
original  plan  ;  and  do  therefore  earnestly  solicit  the  support 
and  assistance  of  all  who  can  feel  the  tender  emotions  of 
sympathy  and  compassion,  or  relish  the  exalted  pleasure 
of  beneficence. 

"  Slavery    is  such  an  atrocious    debasement   of  human     / 
nature,   that   its   very  extirpation,  if  not  performed  with-*' 
solicitous  care,   may  sometimes    open  a  source  of  serious 
evils. 

"  The  unhappy  man,  who  has  long  been  treated  as  a 
brute  animal,  too  frequently  sinks  beneath  the  common 
standard  of  the  human  species.  The  galling  chains  that 
bind  his  body  do  also  fetter  his  intellectual  faculties,  and 
impair  the  social  affections  of  his  heart.  Accustomed  to 
move  like  a  mere  machine,  by  the  will  of  a  master,  reflection 
is  suspended ;  he  has  not  the  power  of  choice ;  and  reason 
and  conscience  have  but  little  influence  over  his  conduct, 
because  he  is  chiefly  governed  by  the  passion  of  fear.  He 
is  poor  and  friendless ;  perhaps  worn  out  by  extreme  labor, 
age,  and  disease. 

u  Under  such  circumstances,  freedom  may  often  prove 
a  misfortune  to  himself,  and  prejudicial  to  society. 

"Attention  to  emancipated  black  people,  it  is  therefore 
to  be  hoped,  will  become  a  branch  of  our  national  police ; 
but,  as  far  as  we  contribute  to  promote  this  emancipation, 
so  far  that  attention  is  evidently  a  serious  duty  incumbent 
on  us,  and  which  we  mean  to  discharge  to  the  best  of  our 
judgment  and  abilities. 

•'  To  instruct,  to  advise,  to  qualify  those  who  have  been 
restored  to  freedom,  for  the  exercise  and  enjoyment  of  civil  ^ 
liberty  ;  to  promote  in  them  habits  of  industry  ;  to  furnish 
them  with  employments  suited  to  their  age,  sex,  talents, 
and  other  circumstances  ;   and  to  procure  their  children  an 


? 


48  HISTORICAL    RESEARCH. 

education  calculated  for  their  future  situation  in  life,  —  these 
are  the  great  outlines  of  the  annexed  plan,  which  we  have 
adopted,  and  which  we  conceive  will  essentially  promote 
the  public  good,  and  the  happiness  of  these  our  hitherto 
too  much  neglected  fellow-creatures. 

"  A  plan  so  extensive  cannot  be  carried  into  execution 
without  considerable  pecuniary  resources,  beyond  the 
present  ordinary  funds  of  the  Society.  We  hope  much 
from  the  generosity  of  enlightened  and  benevolent  free 
men,  and  will  gratefully  receive  any  donations  or  sub 
scriptions  for  this  purpose  which  may  be  made  to  our 
Treasurer,  James  Starr,  or  to  James  Pemberton,  Chairman 
of  our  Committee  of  Correspondence. 

"  Signed  by  order  of  the  Society, 

11  B.  FRANKLIN,  President. 
"  PHILADELPHIA,  9th  of  November,  1789." 

The  last  public  act  of  Dr.  Franklin  was  the  signing, 
as  President  of  the  Pennsylvania  Abolition  Society, 
of  the  following  memorial  to  Congress  :  — 

Memorial          "  The  memorial  respectfully  showeth,  — 

to  Con 
gress,  1790.        "  That,  from  a  regard  for  the  happiness  of  mankind,  an 

association  was  formed  several  years  since  in  this  State, 
by  a  number  of  her  citizens,  of  various  religious  denomi- 
i  nations,  for  promoting  the  abolition  of  slavery,  and  for  the 
relief  of  those  unlawfully  held  in  bondage.  A  just  and 
a-cute  conception  of  the  true  principles  of  liberty,  as  it 
spread  through  the  land,  produced  accessions  to  their  num 
bers,  many  friends  to  their  cause,  and  a  legislative  co-opera 
tion  with  their  views,  which,  by  the  blessing  of  Divine 
Providence,  have  been  successfully  directed  to  the  relieving 
from  bondage  a  large  number  of  their  fellow-creatures  of 
the  African  race.  They  have  also  the  satisfaction  to  ob 
serve,  that,  in  consequence  of  that  spirit  of  philanthropy 
and  genuine  liberty  which  is  generally  diffusing  its  bone- 


MEMORIAL    TO    CONGRESS. 


fici.il  influence,  similar  institutions  are  forming  at  home   Memorial 

.  to  Con- 

ana  abroad.  gross,  1700. 

"That  mankind  are  all  formed  by  the  same  Almighty 
Being,  alike  objects  of  his  care,  and  equally  designed  for 
the  enjoyment  of  happiness,  the  Christian  religion  teaches 
us  to  believe,  and  the  political  creed  of  Americans  fully 
coincides  with  the  position.  3^oj^_jnemm jjtl i  s  tg ,  particu 
larly  engaged  in  attending  to  the  distresses  arising  from 
slavery,  believe  it  their  indispensable  duty  to  present  this 
subject  to  your  notice.  They  have  observed,  with  real 
satisfaction,  that  many  important  and  salutary  powers  are 
vested  in  you  for  '  promoting  the  welfare  and  securing  the 
blessings  of  liberty  to  the  people  of  the  United  States ' ; 
and  as  they  conceive  that  these  blessings  ought  rightfully 
to  be  administered,  without  distinction  of  color,  to  all 
descriptions  of  people,  so  they  indulge  themselves  in  the 
pleasing  expectation,  that  nothing  which  can  be  done  for 
the  relief  of  the  unhappy  objects  of  their  care,  will  be 
either  omitted  or  delayed. 

"  From  a  persuasion  that  equal  liberty  was  originally 
the  portion,  and  is  still  the  birth-right,  of  all  men  ;  and 
influenced  by  the  strong  ties  of  humanity,  and  the  prin 
ciples  of  their  institution,  your  memorialists  conceive  them- 
selves  bound  to  use  all  justifiable  endeavors  to  loosen  the 
bands  of  slavery,  and  promote  a  general  enjoyment  of  the 
blessings  of  freedom.  Under  these  impressions,  they  earn 
estly  entreat  your  serious  attention  to  the  subject  of 
slavery ;  that  you  will  be  pleased  to  countenance  the  resto 
ration  of  liberty  to  those  unhappy  men,  who  alone,  in  this 
land  of  freedom,  are  degraded  into  perpetual  bondage,  and 
who,  amidst  the  general  joy  of  surrounding  freemen,  are 
groaning  in  servile  subjection ;  that  you  will  devise  means 
for  removing  this  inconsistency  from  the  character  of  the 
American  people  ;  that  you  will  promote  mercy  and  justice 
towards  this  distressed  race ;  and  that  you  will  step  to 
the  very  verge  of  the  power  vested  in  you  for  discoura- 


50  HISTORICAL    RESEARCH. 

Franklin,      ging  every  species  of  traffic  in  the  persons  of  our  fellow- 
men. 

"  BENJ.  FRANKLIN,  President. 

"  I'liiLADELriilA,  February  3,  1790." 

(Annals  of  Congress,  vol.  ii.  p.  1197.) 


The  memorial  occasioned  a  debate,  in  which  some 
of  the  members  attempted  to  justify  slavery.  This 
gave  rise  to  a  characteristic  paper,  communicated  by 
Dr.  Franklin  to  the  "  Federal  Gazette  "  of  March  25, 
1790,  and  dated  only  twenty-four  days  before  his 
death.  By  way  of  parody,  he  exposes  the  absurdity 
of  the  reasoning  adopted  by  those  who  opposed  the 
memorial :  — 


"  To  the  Editor  of  the  '  Federal  Gazette: 

"  MARCH  23,  1790. 

"  SIR, —  Reading  last  night  in  your  excellent  paper  the 
speech  of  Mr.  Jackson  in  Congress  against  their  meddling 
with  the  affair  of  slavery,  or  attempting  to  mend  the  con 
dition  of  the  slaves,  it  put  me  in  mind  of  a  similar  one, 
made  about  one  hundred  years  since,  by  Sidi  Mehemet 
Ibrahim,  a  member  of  the  Divan  of  Algiers,  which  may  be 
seen  in  Martin's  Account  of  his  Consulship,  anno  1687.  It 
was  against  granting  the  petition  of  the  sect  called  Erika, 
or  Purists,  who  prayed  for  the  abolition  of  piracy  and 
slavery  as  being  unjust.  Mr.  Jackson  does  not  quote  it : 
perhaps  he  has  not  seen  it.  If,  therefore,  some  of  its  rea 
sonings  are  to  be  found  in  his  eloquent  speech,  it  may  only 
show  that  men's  interests  and  intellects  operate,  and  are 
operated  on,  with  surprising  similarity  in  all  countries  and 
climates,  whenever  they  are  under  similar  circumstances. 
The  African's  speech,  as  translated,  is  as  follows :  — 


FRANKLIN'S  PARODY  ON  MR.  JACKSON'S  SPEECH.        51 

"  ' Allah  Bismillali,  &c.     God  is  great,  and  Mahomet  is  Jiis  Prophet. 

11 '  Have    these   Erika  considered    the   consequences  of  Franklin's 

.   .  .  .  parody  on 

granting  their  petition  :  It  we  cease  our  cruises  against  a  pro-" 
the  Christians,  how  shall  we  be  furnished  with  the  commod- 
ities  their  countries  produce,  and  which  are  so  necessary 
for  us  ?  If  we  forbear  to  make  slaves  of  their  people,  who, 
in  this  hot  climate,  are  to  cultivate  our  lands?  Who  are  to 
perform  the  common  labors  of  our  city,  and  in  our  families? 
Must  we  not  then  be  our  own  slaves  ?  And  is  there  not 
more  compassion  and  more  favor  due  to  us  as  Mussulmen 
than  to  these  Christian  dogs?  We  have  now  above  fifty 
thousand  slaves  in  and  near  Algiers.  This  number,  if  not 
kept  up  by  fresh  supplies,  will  soon  diminish,  and  be  gra 
dually  annihilated.  If  we,  then,  cease  taking  and  plunder 
ing  the  infidel  ships,  making  slaves  of  the  seamen  and 
passengers,  our  lands  will  become  of  no  value  for  want  of 
cultivation ;  the  rents  of  houses  in  the  city  will  sink  one- 
half;  and  the  revenue  of  government,  arising  from  its  share 
of  prizes,  be  totally  destroyed.  And  for  what  ?  To  gratify 
the  whims  of  a  whimsical  sect,  who  would  have  us  not  only 
forbear  making  more  slaves,  but  even  manumit  those  wo 
have. 

" '  But  who  is  to  indemnify  their  masters  for  the  loss  ? 
Will  the  State  do  it?  Is  our  treasury  sufficient?  Will  the 
Erika  do  it?  Can  they  do  it?  Or  would  they,  to  do  what 
they  think  justice  to  the  slaves,  do  a  greater  injustice  to 
the  owners  ?  And,  if  we  set  our  slaves  free,  what  is  to  be 
done  with  them  ?  Few  of  them  will  return  to  their  coun 
tries  ;  they  know  too  well  the  greater  hardships  they  must 
there  be  subject  to ;  they  will  not  embrace  our  holy  reli 
gion  ;  they  will  not  adopt  our  manners ;  our  people  will 
not  pollute  themselves  by  intermarrying  with  them.  Must 
we  maintain  them  as  beggars  in  our  streets,  or  suffer  our 
properties  to  be  the  prey  of  their  pillage?  For  men  accus 
tomed  to  slavery  will  not  work  for  a  livelihood  when  not 


52  HISTORICAL    RESEARCH. 

Franklin's   compelled.     And  what  is  there  so  pitiable  in  their  present 
parody  on  .  _  ... 

a  pro-         condition  :     Were  they  not  slaves  in  their  own  countries  ! 

"  '  Are  not  Spain,  Portugal,  France,  and  the  Italian  States, 
governed  by  despots,  who  hold  all  their  subjects  in  slavery, 
without  exception?  Even  England  treats  its  sailors  as 
slaves  :  for  they  are,  whenever  the  government  pleases, 
seized,  and  confined  in  ships  of  war ;  condemned  not  only 
to  work,  but  to  fight,  for  small  wages,  or  a  mere  subsist 
ence,  not  better  than  our  slaves  are  allowed  by  us.  Is 
their  condition,  then,  made  worse  by  their  falling  into  our 
hands?  No:  they  have  only  exchanged  one  slavery  for 
another,  and  I  may  say,  a  better  ;  for  here  they  are  brought 
into  a  land  where  the  sun  of  Islamism  gives  forth  its  light, 
and  shines  in  full  splendor;  and  they  have  an  opportunity 
of  making  themselves  acquainted  with  the  true  doctrine, 
and  thereby  saving  their  immortal  souls.  Those  who 
remain  at  home  have  not  that  happiness.  Sending  the 
slaves  home,  then,  would  be  sending  them  out  of  light  into 
darkness. 

" '  I  repeat  the  question,  What  is  to  be  done  with  them  ? 
I  have  heard  it  suggested  that  they  may  be  planted  in  the 
wilderness,  where  there  is  plenty  of  land  for  them  to  sub 
sist  on,  and  where  they  may  nourish  as  a  free  State  ;  but 
they  are,  I  doubt,  too  little  disposed  to  labor  without  com 
pulsion,  as  well  as  too  ignorant  to  establish  a  good  govern 
ment,  and  the  wild  Arabs  would  soon  molest  and  destroy  or 
again  enslave  them.  While  serving  us,  we  take  care  to 
provide  them  with  every  thing,  and  they  are  treated  with 
humanity.  The  laborers  in  their  own  country  are,  as  I  am 
well  informed,  worse  fed,  lodged,  and  clothed. 

" '  The  condition  of  most  of  them  is,  therefore,  already 
mended,  and  requires  no  further  improvement.  Here  their 
lives  are  in  safety.  They  are  not  liable  to  be  impressed  for 
soldiers,  and  forced  to  cut  one  another's  Christian  throats, 
as  in  the  wars  of  their  own  countries.  If  some  of  the  reli 
gious  mad  bigots,  who  now  tease  us  with  their  silly  peti- 


FRANKLIN'S  PARODY  ON  MR.  JACKSON'S  SPEECH.        53 
tions,  have,  in  a  fit  of  blind  zeal,  freed  their  slaves,  it  was  Franklin's 

,      ,  parody  on 

not  generosity,  it  was  not  humanity,  that  moved  them  to  n  pro-" 
the  action :  it  was  from  the  conscious  burthen  of  a  load  of  speech. 
sins,  and  a  hope,  from  the  supposed  merits  of  so  good  a 
work,  to  be  excused  from  damnation. 

" '  How  grossly  are  they  mistaken  to  suppose  slavery  to 
be  disallowed  by  the  Alcoran  !  Are  not  the  two  precepts, 
to  quote  no  more,  'Masters,  treat  your  slaves  with  kindness  ; 
slaves,  serve  your  masters  with  cheerfulness  and  fidelity,'1 
clear  proofs  to  the  contrary  ?  Nor  can  the  plundering  of 
infidels  be  in  that  sacred  book  forbidden,  since  it  is  well 
known  from  it  that  God  has  given  the  world,  and  all  that  it 
contains,  to  his  faithful  Mussulmen,  who  are  to  enjoy  it  of 
right  as  fast  as  they  conquer  it.  Let  us,  then,  hear  no  more 
of  this  detestable  proposition,  —  the  manumission  of  Chris 
tian  slaves ;  the  adoption  of  which  would,  by  depreciating 
our  lands  and  houses,  and  thereby  depriving  so  many  good 
citizens  of  their  properties,  create  universal  discontent, 
and  provoke  insurrections,  to  the  endangering  of  govern 
ment,  and  producing  general  confusion.  I  have,  therefore, 
no  doubt  but  this  wise  council  will  prefer  the  comfort  and 
happiness  of  a  whole  nation  of  true  believers  to  the  whim 
of  a  few  Erika,  and  dismiss  their  petition.' 

"  The  result  was,  as  Martin  tells  us,  that  the  Divan  came 
to  this  resolution  :  '  The  doctrine  that  plundering  and 
enslaving  the  Christians  is  unjust,  is,  at  best, problematical; 
but  that  it  is  the  interest  of  this  State  to  continue  the  prac 
tice,  is  clear :  therefore  let  the  petition  be  rejected.' 

"  And  it  was  rejected  accordingly. 

"  And  since  like  motives  are  apt  to  produce  in  the  minds 
of  men  like  opinions  and  resolutions,  may  we  not,  Mr. 
Brown,  venture  to  predict,  from  this  account,  that  the  peti 
tions  to  the  Parliament  of  England  for  abolishing  the  slave- 
trade,  to  say  nothing  of  other  Legislatures,  and  the  debates 


f>4  HISTORICAL    RESEARCH. 

upon  them,  will  have  a  similar  conclusion?     I  am,  sir,  your 
constant  reader  and  humble  servant,  HISTORICUS." 

(Sparks's  Franklin,  vol.  ii.  pp.  517-521.) 


It  is  not  necessary  now  to  produce  the  opinions  of 
other  members  of  the  Convention :  some  of  them 
expressed  their  views  fully  during  the  debates,  and 
specimens  of  their  speeches  will  presently  be  given. 
But  it  is  not  out  of  place  here  to  inquire  whether  the 
leading  statesmen  of  the  country  at  that  time,  who 
were  not  members  of  the  Convention,  held  opinions 
substantially  the  same  as  those  of  Washington  and 
Franklin. 

John  Adams  and  Thomas  Jefferson  —  among  the 
foremost  men  in  founding  the  Republic  —  were,  at 
the  time  the  Convention  was  held,  serving  their 
country  abroad ;  the  former  as  ambassador  to  Eng 
land  ;  the  latter,  to  France.  The  opinions  of  Mr. 
Adams  on  slavery  may  be  briefly  given  in  an  extract 
from  a  letter  written  only  a  few  years  before  his 
death :  — 

John  "  I  have,  through  my  whole  life,  held  the  practice  of 

slavery  in  such  abhorrence,  that  I  have  never  owned  a 
negro  or  any  other  slave :  though  I  have  lived  for  many 
years  in  times  \vhen  the  practice  was  not  disgraceful ; 
when  the  best  men  in  my  vicinity  thought  it  not  incon 
sistent  with  their  character;  and  when  it  has  cost  me 
thousands  of  dollars  for  the  labor  and  subsistence  of  free 
men,  which  I  might  have  saved  by  the  purchase  of  negroes 
at  times  when  they  were  very  cheap." — Works  of  John 
Adams,  vol.  x.  p.  380. 


JEFFERSON    ON   SLAVERY.  55 

Mr.  Jefferson's  sentiments  before  and  at  the  time  of  Juiierson. 
the  Declaration  of  Independence  have  already  been 
given.     They  were  still  more  strongly  expressed  in 
his  "Notes  on  Virginia,"  in  1782:  — 

"  The  whole  commerce  between  master  and  slave  is  a  Notes  on 
perpetual  exercise  of  the  most  boisterous  passions  ;  the  most 
unremitting  despotism  on  the  one  part,  and  degrading  sub 
missions  on  the  other.  Our  children  see  this,  and  learn 
to  imitate  it ;  for  man  is  an  imitative  animal.  This  quality 
is  the  germ  of  all  education  in  him.  From  his  cradle  to 
his  grave,  he  is  learning  to  do  what  he  sees  others  do.  If 
a  parent  could  find  no  motive,  either  in  his  philanthropy 
or  his  self-love,  for  restraining  the  intemperance  of  passion 
towards  his  slave,  it  should  always  be  a  sufficient  one  that 
his  child  is  present.  But  generally  it  is  not  sufficient. 
The  parent  storms;  the  child  looks  on,  catches  the  linea-  > 
ments  of  wrath,  puts  on  the  same  airs  in  the  circle  of  smaller 
slaves,  gives  a  loose  to  the  worst  of  passions ;  and  thus 
nursed,  educated,  and  daily  exercised  in  tyranny,  cannot 
but  be  stamped  by  it  with  odious  peculiarities.  The  man 
must  be  a  prodigy  who  can  retain  his  manners  and  morals 
undepraved  by  such  circumstances.  And  with  what  exe 
cration  should  the  statesman  be  loaded,  who,  permitting  , 
one-half  the  citizens  thus  to  trample  on  the  rights  of  the 
other,  tranforms  those  into  despots,  and  these  into  enemies  ; 
destroys  the  morals  of  the  one  part,  and  the  amor  patriot 
of  the  other !  For,  if  a  slave  can  have  a  country  in  this 
world,  it  must  be  any  other  in  preference  to  that  in  which 
he  is  born  to  live  and  labor  for  another ;  in  which  he  must 
lock  up  the  faculties  of  his  nature,  contribute  as  far  as 
depends  on  his  individual  endeavors  to  the  evanishment 
of  the  human  race,  or  entail  his  own  miserable  condition 
on  the  endless  generations  proceeding  from  him.  With  -/U| 
the  morals  of  the  people,  their  industry  also  is  destroyed. 
For,  in  a  warm  climate,  no  man  will  labor  for  himself  who 


50  HISTORICAL    RESEARCH. 

Jefferson,  can  make  another  labor  for  him.  This  is  so  true,  that,  of 
the  proprietors  of  slaves^  a  very  small  proportion  indeed 
•  are  ever  seen  to  labor.  [And  can  the  liberties  of  a  nation 
»/ be  thought  secure  when  we  have  removed  their  only  firm 
basis,  —  a  conviction  in  the  minds  of  the  people  that  these 
liberties  are  of  the  gift  of  Godff— that  they  are  not  to  be  vio 
lated  but  with  his  wrath  ?  ^Indeed  I  tremble  for  my  coun 
try,  when  I  reflect  that  God  is  just ;  that  his  justice  cannot 
sleep  for  everj^that  considering  numbers,  nature,  and  na 
tural  means  only,  a  revolution  of  the  wheel  of  fortune,  an 
exchange  of  situation,  is  among  possible  events ;  that  it 
may  become  probable  by  supernatural  interference.  The 
Almighty  has  no  attribute  which  can  take  side  with  us  in 
such  a  contest.  But  it  is  impossible  to  be  temperate,  and 
to  pursue  this  subject  through  the  various  considerations 
of  policy,  of  morals,  of  history  natural  and  civil.  We  must 
be  contented  to  hope  they  will  force  their  way  into  every 
one's  mind.  I  think  a  change  already  perceptible,  since 
the  origin  of  the  present  revolution.  The  spirit  of  the 
master  is  abating,  —  that  of  the  slave  rising  from  the  dust ; 
his  condition  mollifying;  the  way,  I  hope,  preparing,  under 
the  auspices  of  Heaven,  for  a  total  emancipation ;  and  that 
this  is  disposed,  in  the  order  of  events,  to  be  with  the  con 
sent  of  the  masters,  rather  than  by  their  extirpation." - 
Jcffersoii's  Writings,  vol.  viii.  pp.  403,  40-4. 

In  a  letter  to  Dr.  Price,  dated  at  London  on  the 
7th  of  August,  1785,  Mr.  Jefferson  thus  tells  him 
what  will  be  the  probable  effect  of  his  late  pamphlet, 
in  which  the  abolition  of  slavery  is  strenuously 
urged :  — 

"  From  the  mouth  to  the  head  of  the  Chesapeake,  the 
bulk  of  the  people  will  approve  it  in  theory,  and  it  will  find 
a  respectable  minority  ready  to  adopt  it  in  practice ;  a 
minority,  which,  for  weight  and  worth  of  character,  prepon- 


JEFFERSON   ON  SLAVERY.  57 

derates  against  the  greater  number,  who  have  not  the  Jefferson, 
courage  to  divest  their  families  of  a  property,  which,  how 
ever,  keeps  their  conscience  unquiet.  Northward  of  the 
Chesapeake,  you  may  find  here  and  there  an  opponent  to 
your  doctrine,  as  you  may  find  here  and  there  a  robber 
and  murderer ;  but  in  no  greater  number.  In  that  part  of 
America,  there  being  but  few  slaves,  they  can  easily  disen 
cumber  themselves  of  them ;  and  emancipation  is  put  into 
such  a  train,  that  in  a  few  years  there  will  be  no  slaves 
northward  of  Maryland.  In  Maryland,  I  do  not  find  such  a 
disposition  to  begin  the  redress  of  this  enormity,  as  in  Vir 
ginia.  This  is  the  next  State  to  which  we  may  turn  our 
eyes  for  the  interesting  spectacle  of  justice  in  conflict  with 
avarice  and  oppression ;  a  conflict  wherein  the  sacred  side 
is  gaining  daily  recruits,  from  the  influx  into  office  of 
young  men  grown,  and  growing  up.  These  have  sucked 
in  the  principles  of  liberty,  as  it  were,  with  their  mothers' 
milk ;  and  it  is  to  them  I  look  with  anxiety  to  turn  the  fate 
of  this  question.  Be  not  therefore  discouraged.  What 
you  have  written  will  do  a  great  deal  of  good ;  and,  could 
you  still  trouble  yourself  with  our  welfare,  no  man  is  more 
able  to  give  aid  to  the  laboring  side."  —  Jefferson's  Writ 
ings,  vol.  i.  p.  377. 

While  Mr.  Jefferson  was  in  France,  in  1786,  he 
furnished  M.  Uemeunier  with  many  materials  for  his 
copious  article  on  the  United  States,  about  to  appear 
in  the  great  "  Encyclopedic  Methodique " ;  and  he 
revised  the  manuscript  of  the  whole  article  with  great 
care.  The  following  is  part  of  a  note  to  the  author, 
most  of  which  he  translated  into  French,  and  incor 
porated  in  his  own  work,  where  it  stands  as  a 
perpetual  record  of  Mr.  Jefferson's  sentiments  at 
that  time :  — 

8 


58  HISTORICAL    RESEARCH. 

Jefferson.  "  M.  do  Meusnier,  where  he  mentions  that  the  slave-law 
has  been  passed  in  Virginia  without  the  clause  of  eman 
cipation,  is  pleased  to  mention,  that  neither  Mr.  Wythe 
nor  Mr.  Jefferson  was  present  to  make  the  proposition 
they  had  meditated :  from  which,  people,  who  do  not  give 
themselves  the  trouble  to  reflect  or  inquire,  might  conclude 
hastily,  that  their  absence  was  the  cause  why  the  proposition 
was  not  made ;  and,  of  course,  that  there  were  not,  in  the 
Assembly,  persons  of  virtue  and  firmness  enough  to  propose 
the  clause  for  emancipation.  This  supposition  would  not 
be  true.  There  were  persons  there,  who  wanted  neither 
the  virtue  to  propose  nor  talents  to  enforce  the  proposi 
tion,  had  they  seen  that  the  disposition  of  the  Legislature 
was  ripe  for  it.  These  worthy  characters  would  feel 
themselves  wounded,  degraded,  and  discouraged  by  this 
idea.  Mr.  Jefferson  would  therefore  be  obliged  to  M.  de 
Meusnier  to  mention  it  in  some  such  manner  as  this : 
'  Of  the  two  commissioners,  who  had  concerted  the  amen 
datory  clause  for  the  gradual  emancipation  of  slaves,  Mr. 
Wythe  could  not  be  present,  he  being  a  member  of  the 
judiciary  department ;  and  Mr.  Jefferson  was  absent  on  the 
legation  to  France.  But  there  were  not  wanting,  in  that 
Assembly,  men  of  virtue  enough  to  propose,  and  talents  to 
vindicate,  this  clause.  But  they  saw  that  the  moment  of 
doing  it  with  success  was  not  yet  arrived,  and  that  an 
unsuccessful  effort,  as  too  often  happens,  would  only  rivet 
still  closer  the  chains  of  bondage,  and  retard  the  moment 
of  delivery  to  this  oppressed  description  of  men.  What 
a  stupendous,  what  an  incomprehensible  machine  is  man, 
who  can  endure  toil,  famine,  stripes,  imprisonment,  and 
death  itself,  in  vindication  of  his  own  liberty,  and,  the 
next  moment,  be  deaf  to  all  those  motives  whose  power 
supported  him  through  his  trial,  and  inflict  on  his  fellow- 
men  a  bondage,  one  hour  of  which  is  fraught  with 
more  misery  than  ages  of  that  which  he  rose  in  rebellion 
to  oppose  !  But  we  must  await  with  patience  the  workings 


JEFFERSON   ON   SLAVERY.  59 

of  an  overruling  Providence,  and  hope  that  that  is  pro-  Jefferson. 
paring  the  deliverance  of  these  our  suffering  brethren. 
When  the  measure  of  their  tears  shall  be  full;  when  their 
groans  shall  have  involved  heaven  itself  in  darkness, — 
doubtless  a  God  of  justice  will  awaken  to  their  distress, 
and,  by  diffusing  light  and  liberality  among  their  oppress 
ors,  or,  at  length,  by  his  exterminating  thunder,  manifest 
his  attention  to  the  things  of  this  world,  and  that  they  are 
not  left  to  the  guidance  of  a  blind  fatality.'  "  —  Jefferson's 
Writings,  vol.  ix.  pp.  278,  279. 

In  his  "  Autobiography,"  written  only  a  few  years 
before  his  death,  alluding  to  the  above-mentioned 
slave-law,  he  says,  — 

"  The  bill  on  the  subject  of  slaves  was  a  mere  digest  of 
the  existing  laws  respecting  them,  without  any  intimation 
of  a  plan  for  a  future  and  general  emancipation.  It  was 
thought  better  that  this  should  be  kept  back,  and  attempted 
only  by  way  of  amendment,  whenever  the  bill  should  be 
brought  on.  The  principles  of  the  amendment,  however, 
were  agreed  on ;  that  is  to  say,  the  freedom  of  all  born 
after  a  certain  day,  and  deportation  at  a  proper  age.  But 
it  was  found  that  the  public  mind  would  not  yet  bear  the 
proposition,  nor  will  it  bear  it  even  at  this  day.  Yet 
the  day  is  not  distant  when  it  must  bear  and  adopt  it,  or 
worse  will  follow.  Nothing  is  more  certainly  written  in 
the  book  of  fate,  than  that  these  people  are  to  be  free ;  nor 
is  it  less  certain  that  the  two  races,  equally  free,  cannot 
live  in  the  same  government.  Nature,  habit,  opinion,  have 
drawn  indelible  lines  of  distinction  between  them.  It  is 
still  in  our  power  to  direct  the  process  of  emancipation  and 
deportation  peaceably,  and  in  such  slow  degree  as  that  the 
evil  will  wear  off  insensibly,  and  their  place  be,  part  passu, 
filled  up  by  free  white  laborers.  If,  on  the  contrary,  it  is 
left  to  force  itself  on,  human  nature  must  shudder  at  the 


60  HISTORICAL    RESEARCH. 

prospect  held  up.  We  should  in  vain  look  for  an  example 
in  the  Spanish  deportation  or  deletion  of  the  Moors.  This 
precedent  would  fall  far  short  of  our  case." — Jefferson's 
Writings,  vol.  i.  pp.  48 ,  49. 

The  eminent  South-Carolina  patriots,  Christopher 
Gadsden  and  Henry  Laurens,  have  left  their  testimony 
on  this  subject  in  no  ambiguous  terms. 

Mr.  Gadsden  was  one  of  the  most  prominent  public 
servants  of  the  South,  both  in  the  Continental  and 
Colonial  Legislatures.  In  a  letter  to  Fr.  S.  Johnson, 
in  Connecticut,  dated  at  Charleston,  S.  C.,  16th  April, 
1766,  he  says,  — 

Christo-  "  We  are  a  very  weak  province,  a  rich  growing  one,  and 
Gadsden.  of  as  much  importance  to  Great  Britain  as  any  upon  the 
continent ;  and  great  part  of  our  weakness  (though  at  the 
same  time  'tis  part  of  our  riches)  consists  in  having  such 
a  number  of  slaves  amongst  us  ;  and  we  find  in  our  case, 
according  to  the  general  perceptible  workings  of  Provi 
dence,  where  the  crime  most  commonly  though  slowly,  yet 
surely,  draws  a  similar  and  suitable  punishment,  that  sla 
very  begets  slavery.  Jamaica  and  our  West  India  Islands 
demonstrate  this  observation,  which  I  hope  will  not  be  our 
case  now,  whatever  might  have  been  the  consequences 
had  the  fatal  attempts  been  delayed  a  few  years  longer, 
when  we  had  drank  deeper  of  the  Circean  draught,  and  the 
measure  of  our  iniquities  were  filled  up."  —  MS.  Letter 
(printed  in  the  Hist.  Mag.,  Sept.  1861,  p.  261)  in  posses 
sion  of  the  Hon.  George  Bancroft. 

Mr.  Laurens  was  for  two  years  President  of  the 
Continental  Congress,  and  afterwards  appointed  minis 
ter  to  Holland.  He  was  a  commissioner,  with  Frank 
lin  and  Jay,  for  negotiating  a  peace  with  Great 
Britain. 


SLAVERY  IN  SOUTH  CAROLINA .  01 

Mr.  Laurens  wrote   to   his  son,  from  Charleston, 

S.C.,  Uth  August,  1776:  — 

"  You  know,  my  dear  son.  I  abhor  slavery.     I  was  born  jTeiiry 

*  ...          Laurens 

in  a  country  where  slavery  had  been  established  by  British 
kings  and  parliaments,  as  well  as  by  the  laws  of  that  coun 
try,  ages  before  my  existence.  I  found  the  Christian  reli 
gion  and  slavery  growing  under  the  same  authority  and 
cultivation.  I  nevertheless  disliked  it.  In  former  days, 
there  was  no  combating  the  prejudices  of  men  supported 
by  interest :  the  day,  I  hope,  is  approaching,  when,  from 
principles  of  gratitude  as  well  as  justice,  every  man  will 
strive  to  be  foremost  in  showing  his  readiness  to  comply 
with  the  golden  rule.  Not  less  than  twenty  thousand 
pounds  sterling  would  all  my  negroes  produce,  if  sold  at 
public  auction  to-morrow.  I  am  not  the  man  who  enslaved 
them ;  they  are  indebted  to  Englishmen  for  that  favor : 
nevertheless,  I  am  devising  means  for  manumitting  many 
of  them,  and  for  cutting  off  the  entail  of  slavery.  Great 
powers  oppose  me,  —  the  laws  and  customs  of  my  country, 
my  own  and  the  avarice  of  my  countrymen.  What  will 
my  children  say  if  I  deprive  them  of  so  much  estate? 
These  are  difficulties,  but  not  insuperable.  I  will  do  as 
much  as  I  can  in  my  time,  and  leave  the  rest  to  a  better  hand. 
"  I  am  not  one  of  those  who  arrogate  the  peculiar  care 
of  Providence  in  each  fortunate  event ;  nor  one  of  those 
who  dare  trust  in  Providence  for  defence  and  security  of 
their  own  liberty,  while  they  enslave,  and  wish  to  continue 
in  slavery,  thousands  who  are  as  well  entitled  to  freedom 
as  themselves.  I  perceive  the  work  before  me  is  great. 
I  shall  appear  to  many  as  a  promoter,  not  only  of  strange, 
but  of  dangerous  doctrines  :  it  Avill  therefore  be  necessary 
to  proceed  with  caution.  You  are  apparently  deeply  in 
terested  in  this  affair ;  but,  as  I  have  no  doubts  concerning 
your  concurrence  and  approbation,  I  most  sincerely  wish 
for  your  advice  and  assistance,  and  hope  to  receive  both 
in  good  time."-  -  Collection  of  the  Zenger  Club,  pp.  20,  21. 


C>'2  HISTORICAL    RESEARCH. 

Such  were  the  prevailing  principles  of  the  people, 
tls  exPressed  by  their  leading  representatives,  when 
the  Convention  for  framing  the  Federal  Constitution 
assembled  in  Philadelphia,  in  May,  1787.  It  is  highly 
proper  that  a  constant  regard  should  be  had  to  these 
principles  in  interpreting  the  language  of  the  Con 
stitution. 

The  position  and  purpose  of  the  Convention  were 
unprecedented.  It  was  the  first  time  in  the  history  of 
the  world  that  an  assemblage  of  men  had  been  called 
together,  with  delegated  power  from  the  people,  to 
prepare  an  instrument  which  was  to  establish  a  Go 
vernment,  and  to  be  the  source  and  test  of  all  their 
laws. 

Some  of  the  delegates  to  this  Convention  had  been 
members  of  the  Continental  Congress  of  1776;  and, 
as  was  said  by  John  Quincy  Adams  at  the  Jubilee  of 
the  Constitution  in  New  York,  "  this  act  was  the 
complement  to  the  Declaration  of  Independence ; 
founded  upon  the  same  principles,  carrying  them 
out  into  practical  execution,  and  forming  with  it  one 
entire  system  of  national  government." 

The  Articles  of  Confederation  proved  an  unsuccess 
ful  experiment.  When  the  exigencies  of  the  war  were 
over,  and  the  Government  fully  assumed  the  functions 
of  an  independent  nation,  it  was  seen  that  an  error  had 
been  committed  in  "  the  substitution  of  State  sove 
reignty,  instead  of  the  constituent  sovereignty  of  the 
people,  as  the  foundation  of  the  Revolution  and  of  the 
Union."  It  is  a  significant  fact,  that,  in  the  Preamble 
to  the  Constitution,  this  departure  from  the  principles 


CONVENTION    FOR    FORMING    THE    CONSTITUTION.  G3 

of  the  Declaration  of  Independence  is  tacitly  reco^-  Tlie  Cf)»- 

stitution 

nized,  and  is  rectified  by  a  recurrence  to  the  truth,  that  «"<l  tllc 

Declara- 

to  secure  tlie  rights  of  life,  liberty,  and  the  pursuit  i!',!',1,. ,'','.„_ 
of  happiness,  governments  are  instituted  among  men, 
denying  their  just  powers  from  the  consent  of  the 
governed. 

This  preamble,  of  only  a  single  sentence,  is  the 
key  to  the  Constitution.  Without  considering  and 
comprehending  it,  no  one  should  attempt  to  interpret 
any  of  the  separate  articles  of  that  instrument. 

';  WE,  TIIK  PEOPLE  OF  THE  UNITED  STATES,  IX  ORDER  TO  FORM  A 
MOKE  PERFECT  UNION,  ESTABLISH  JUSTICE,  INSURE  DOMESTIC  TRAN 
QUILLITY,  ntOYIDE  FOK  THE  COMMON"  DEEKXCE,  PROMOTE  THE  GENERAL 
WELFARE,  AND  SECURE  THE  1SLFSSINGS  OF  LIBERTY  TO  OURSELVES  AND 
OUR  POSTERITY,  DO  ORDAIN"  AND  ESTABLISH  THIS  CONSTITUTIOX  FOll 
THE  UNITED  STATES  OF  AMERICA." 

The  Constitution  is,  and  was  intended  to  be,  the 
PEOPLE'S  document,  —  the  palladium  of  their  liberty. 
It  was  to  defend  and  to  bless  the  negro  as  well  as  the 
white  man :  for  negroes  had  fought  side  by  side  with 
our  W7hite  soldiers  in  the  common  struggle  for  liberty  ; 
and,  in  several  of  the  States,  they,  as  citizens,  had 
voted  for  the  delegates  to  the  Convention,  and  after 
wards  on  the  adoption  of  the  Constitution. 

It  was  established  for  the  purpose  of  securing 
liberty  ;  and  nothing  can  be  clearer  to  a  careful  stu 
dent  of  the  history  of  that  period,  than  that  tlie 
authors  of  the  Declaration  of  Independence  and  of 
the  Constitution  of  the  United  States,  "  parts  of  one 
consistent  whole,  founded  on  one  and  the  same  theory 
of  government,"  believed  and  intended,  that,  under 


04  HISTORICAL    RESEARCH. 

The  Con-  their  influence  and  operation,  slavery  would  soon  be 

stitution 

ami  sia-  abolished. 

It  had  been  declared  by  Lord  Mansfield,  in  the 
Court  of  King's  Bench,  in  England,  that  slavery  was 
"  so  odious,  that  nothing  can  be  suffered  to  support 
it  but  positive  law."  At  the  time  the  Federal  Consti 
tution  was  adopted,  there  was  not,  in  the  State 
Constitutions,  any  thing  to  warrant  or  justify  slavery. 
Every  thing  of  that  kind  has  come  by  later  amend 
ments.  As  in  the  preparation  of  the  Declaration  of 
Independence,  so  in  the  formation  of  the  Constitution, 
the  authors  did  not  ignore  the  existence  of  slavery. 
It  was  an  evil  that  had  been  forced  upon  them  by 
Great  Britain,  against  their  consent ;  and  was  one  of 
the  moving  causes  for  the  separation  from  the  mother- 
country.  They  had,  in  the  most  emphatic  manner, 
by  resolutions  and  otherwise,  expressed  their  abhor 
rence  of  slavery,  and  their  determination  to  emanci 
pate  the  negroes  without  unnecessary  delay.  All 
that  the  slaveholders  asked  of  the  Convention  was  a 
temporary  protection  for  what  they  regarded,  in  one 
sense,  their  property,  until  they  could,  in  their  own 
time  and  in  their  own  way,  bring  about  this  desirable 
result. 

Mr.  Pinckney  declared,  "  If  the  Southern  States 
were  let  alone,  they  will  probably  of  themselves  stop 
importations.  He  would  himself,  as  a  citizen  of 
South  Carolina,  vote  for  it." 

Mr.  Sherman  observed  that  "  the  abolition  of  sla 
very  seemed  to  be  going  on  in  the  United  States,  and 


THE    CONSTITUTION   AND   SLAVERY.  G5 

that  the  good  sense  of  the  several  States  would  proba 
bly  by  degrees  complete  it."  Mr.  Ellsworth  added, — 
and  no  one  expressed  dissent  from  this  opinion, — 
"  Slavery,  in  time,  will  not  be  a  speck  in  our  country." 

It  was  an  eminent  Virginian,  Mr.  Madison,  who 
declared  that  "  he  thought  it  wrong  to  admit  in  the 
Constitution  the  idea  of  property  in  men."  That  idea 
was  accordingly  everywhere  scrupulously  avoided. 

But  still,  in  three  separate  clauses,  the  Constitution 
recognizes  the  existence  of  slavery,  although  it  does 
not  permit  the  word  "  slave  "  anywhere  to  tarnish  its 
text. 

"ART.  I.  SECT.  2 Representatives  and 

direct  taxes  shall  be  apportioned  among  the  several  States 
which  may  be  included  within  this  Union,  according  to 
their  respective  numbers  ;  which  shall  be  determined  by 
adding  to  the  whole  number  of  free  persons,  including 
those  bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three-fifths  of  all  other  persons.  .  .  . 

"  ART.  I.  SECT.  9.  The  migration  or  importation  of 
such  persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit,  shall  not  be  prohibited  by  the  Congress 
prior  to  the  year  one  thousand  eight  hundred  and  eight ; 
but  a  tax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person 

"  ART.  IV.  SECT.  2 No  person  held  to 

service  or  labor  in  one  State,  under  the  laws  thereof,  escap 
ing  into  another,  shall,  in  consequence  of  any  law  or  regula 
tion  therein,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such 
service  or  labor  may  be  due." 


GO  HISTORICAL    RESEARCH. 

In  considering  these  articles  in  the  Convention,  the 
whole  subject  of  slavery  was  thoroughly  discussed. 
No  language  of  radical  reformers  in  recent  times 
surpasses  in  severity  the  honest  utterances  of  the 
patriots  and  statesmen  who  were  then  assembled. 
No  friendly  voice  was  raised  to  defend  this  barbarous 
crime  against  humanity.  Let  us  look  at  some  of  the 
speeches. 

Mr.  Gouverneur  Morris,  of  Pennsylvania,  was  the 
member  to  whom  was  finally  committed  the  Constitu 
tion,  to  give  finish  to  the  style  and  arrangement  of 
that  instrument.  He  may  properly  be  regarded  as 
the  author  of  its  text.  In  the  debate  on  the  8th  of 
August,  1787,  he  uses  the  following  language  :  — 

Gouver-         u  jjc  ncver  would  concur  in  upholding  domestic  slaverv. 

neur 

Morris.  It  was  a  nefarious  institution.  It  was  the  curse  of  Heaven  on 
the  States  where  it  prevailed.  Compare  the  free  regions 
of  the  Middle  States,  where  a  rich  and  noble  cultivation 
marks  the  prosperity  and  happiness  of  the  people,  with  the 
misery  and  poverty  which  overspread  the  barren  wastes  of 
Virginia,  Maryland,  and  the  other  States  having  slaves. 
Travel  through  the  whole  continent,  and  you  behold  the 
prospect  continually  varying  with  the  appearance  and  dis 
appearance  of  slavery.  The  moment  you  leave  the  Eastern 
States,  and  enter  New  York,  the  effects  of  the  institution 
become  visible.  Passing  through  the  Jerseys,  and  enter 
ing  Pennsylvania,  every  criterion  of  superior  improvement 
witnesses  the  change.  Proceed  southwardly,  and  every 
step  you  take  through  the  great  regions  of  slaves  presents 
a  desert,  increasing  with  the  increasing  proportion  of  these 
wretched  beings.  Upon  what  principle  is  it  that  the  slaves 
shall  be  computed  in  the  representation  ?  Are  they  men  ? 


DEBATE  IN  THE  FEDERAL  CONVENTION.         G7 

Then  make  them  citizens*,  and  let  them  vote.     Are  they   Gouver- 

•  10    netir 

property?  Why,  then,  is  no  other  property  included?  Morris. 
The  houses  in  this  city  (Philadelphia)  are  worth  more 
than  all  the  wretched  slaves  who  cover  the  rice-swamps  of 
South  Carolina.  The  admission  of  slaves  into  the  repre 
sentation,  when  fairly  explained,  conies  to  this,  —  that  the 
inhabitant  of  Georgia  and  South  Carolina,  who  goes  to  the 
coast  of  Africa,  and,  in  defiance  of  the  most  sacred  laws  of 
humanity,  tears  away  his  fellow-creatures  from  their  dear 
est  connections,  and  damns  them  to  the  most  cruel  bondage, 
shall  have  more  votes  in  a  government  instituted  for  the 
protection  of  the  rights  of  mankind  than  the  citizen  of 
Pennsylvania  or  New  Jersey,  who  views  with  a  laudable 
horror  so  nefarious  a  practice.  He  would  add,  that  do 
mestic  slavery  is  the  most  prominent  feature  in  the  aris 
tocratic  countenance  of  the  proposed  Constitution.  The 
vassalage  of  the  poor  has  ever  been  the  favorite  offspring 
of  aristocracy.  And  what  is  the  proposed  compensation 
to  the  Northern  States  for  a  sacrifice  of  every  principle 
of  right,  of  every  impulse  of  humanity?  They  are  to  bind 
themselves  to  march  their  militia  for  the  defence  of  the 
Southern  States,  for  their  defence  against  those  very 
slaves  of  whom  they  complain.  They  must  supply  vessels 
and  seamen  in  case  of  foreign  attack.  The  Legislature 
will  have  indefinite  power  to  tax  them  by  excises  and 
duties  on  imports,  both  of  which  will  fall  heavier  on  them 
than  on  the  Southern  inhabitants ;  for  the  bohea  tea  used 
by  a  Northern  freeman  will  pay  more  tax  than  the  whole 
consumption  of  the  miserable  slave,  which  consists  of 
nothing  more  than  his  physical  subsistence  and  the  rag 
that  covers  his  nakedness.  On  the  other  side,  the  Southern 
States  are  not  to  be  restrained  from  importing  fresh  sup 
plies  of  wretched  Africans,  at  once  to  increase  the  danger 
of  attack  and  the  difficulty  of  defence  :  nay,  they  are  to  be 
encouraged  to  it  by  an  assurance  of  having  their  votes  in 
the  National  Government  increased  in  proportion  ;  and  are, 


68  HISTORICAL    RESEARCH. 

Gouver-  at  the  same  time,  to  have  their  exports  and  their  slaves 
Morris,  exempt  from  all  contributions  for  the  public  service.  Let 
it  not  be  said  that  direct  taxation  is  to  be  proportioned  to 
representation.  It  is  idle  to  suppose  that  the  General 
Government  can  stretch  its  hand  directly  into  the  pockets 
of  the  people  scattered  over  so  vast  a  country.  They  can 
only  do  it  through  the  medium  of  exports,  imports,  and 
excises.  For  what,  then,  are  all  the  sacrifices  to  be  made  ? 
He  would  sooner  submit  himself  to  a  tax  for  paying  for  all 
the  negroes  in  the  United  States  than  saddle  posterity 
with  such  a  Constitution."-  —  Madison  Papers,  Elliot,  vol.  v. 
pp.  392,  393. 

Mr.   Rufus   King,  of  Massachusetts,  in  the    same 
debate,  said  :  — 

Rufus  "  The  admission  of  slaves  wras  a  most  grating  circum 

stance  to  his  mind,  and  he  believed  would  be  so  to  a  great 
part  of  the  people  of  America.  He  had  not  made  a  strenu 
ous  opposition  to  it  heretofore,  because  he  had  hoped  that 
this  concession  would  have  produced  a  readiness,  which 
had  not  been  manifested,  to  strengthen  the  General  Go 
vernment,  and  to  mark  a  full  confidence  in  it.  The  report 
under  consideration  had,  by  the  tenor  of  it,  put  an  end  to 
all  those  hopes.  In  two  great  points,  the  hands  of  the 
Legislature  were  absolutely  tied.  The  importation  of 
slaves  could  not  be  prohibited.  Exports  could  not  be 
taxed.  Is  this  reasonable  ?  What  are  the  great  objects  of 
the  general  system?  First,  defence  against  foreign  inva 
sion  ;  secondly,  against  internal  sedition.  Shall  all  the 
States,  then,  be  bound  to  defend  each  ?  and  shall  each  be  at 
liberty  to  introduce  a  weakness  which  will  render  defence 
more  difficult  ?  Shall  one  part  of  the  United  States  be 
bound  to  defend  another  part,  and  that  other  part  be  at 
liberty,  not  only  to  increase  its  own  danger,  but  to  with 
hold  the  compensation  for  the  burden  ?  If  slaves  are  to 


DEBATE  IN  THE  FEDERAL  CONVENTION.         G9 

be  imported,  shall  not  the  exports  produced  by  their  labor  Rnfus 
supply  a  revenue,  the  better  to  enable  the  General  Govern 
ment  to  defend  their  masters  ?  There  was  so  much  in 
equality  and  unreasonableness  in  all  this,  that  the  people 
of  the  Northern  States  could  never  be  reconciled  to  it. 
No  candid  man  could  undertake  to  justify  it  to  them.  He 
had  hoped  that  some  accommodation  would  have  taken 
place  on  this  subject;  that,  at  least,  a  time  would  have 
been  limited  for  the  importation  of  slaves.  He  never  could 
agree  to  let  them  be  imported  without  limitation,  and  then 
be  represented  in  the  National  Legislature.  Indeed,  he 
could  so  little  persuade  himself  of  the  rectitude  of  such  a 
practice,  that  he  was  not  sure  he  could  assent  to  it  under 
any  circumstances.  At  all  events,  either  slaves  should  not 
be  represented,  or  exports  should  be  taxable." 

Mr.  Roger  Sherman,  of  Connecticut,  — 

"  Regarded  the  slave-trade  as  iniquitous  :  but,  the  Roger 
point  of  representation  having  been  settled  after  much 
difficulty  and  deliberation,  he  did  not  think  himself  bound 
to  make  opposition ;  especially  as  the  present  article, 
as  amended,  did  not  preclude  any  arrangement  whatever 
on  that  point,  in  another  place  of  the  report." — Madison 
Papers,  Elliot,  vol.  v.  391,  392. 

Mr.  Luther  Martin,  of   Maryland,  in  the  debate, 
Tuesday,  Aug.  21, — 

"  Proposed  to  vary  Art.  7,  Sect.  4,  so  as  to  allow  a  Lnthor 
prohibition  or  tax  on  the  importation  of  slaves.  In  the 
first  place,  as  five  slaves  are  to  be  counted  as  three  free 
men  in  the  apportionment  of  representatives,  such  a  clause 
would  leave  an  encouragement  to  this  traffic.  In  the 
second  place,  slaves  weakened  one  part  of  the  Union,  which 
the  other  parts  were  bound  to  protect :  the  privilege  of 
importing  them  was  therefore  unreasonable.  And,  in  the 


70  HISTORICAL    RESEARCH. 

Debate  in    third  place,  it  was  inconsistent  with  the  principles  of  the 
vention."     Revolution,  and  dishonorable  to  the  American  character, 

to  have  such  a  feature  in  the  Constitution. 
•T"i>n  "  Mr.   RUTLEDGE  did  not   see    how  the    importation   of 

Kutledge.  .  . 

slaves  could  be  encouraged  by  this  section.  He  was  not 
apprehensive  of  insurrections,  and  would  readily  exempt 
the  other  States  from  the  obligation  to  protect  the  Southern 
against  them.  Religion  and  humanity  had  nothing  to  do 
with  this  question  :  interest  alone  is  the  governing  princi 
ple  with  nations.  The  true  question  at  present  is,  whether 
the  Southern  States  shall  or  shall  not  be  parties  to  the 
Union.  If  the  Northern  States  consult  their  interest,  they 
will  not  oppose  the  increase  of  slaves,  which  will  increase 
the  commodities  of  which  they  will  become  the  carriers. 

°'!vor  "  Mr.  ELLSWORTH  was  for  leaving  the  clause  as  it  stands. 

Let  every  State  import  what  it  pleases.  The  morality  or 
wisdom  of  slavery  are  considerations  belonging  to  the 
States  themselves.  What  enriches  a  part  enriches  the 
whole,  and  the  States  are  the  best  judges  of  their  particu 
lar  interest.  The  old  Confederation  had  not  meddled  with 
this  point ;  and  he  did  not  see  any  greater  necessity  for 
bringing  it  within  the  policy  of  the  new  one. 

Charios  "  Mr.  PIXCKXEY.     South  Carolina  can  never  receive  the 

rinckney.  . 

plan  it  it  prohibits  the  slave-trade.  In  every  proposed 
extension  of  the  powers  of  Congress,  that  State  has  ex 
pressly  and  watchfully  excepted  that  of  meddling  with  the 
importation  of  negroes.  If  the  States  be  all  left  at  liberty 
on  this  subject,  South  Carolina  may  perhaps,  by  degrees,  do 
of  herself  what  is  wished,  as  Virginia  and  Maryland  already 
have  done. 

"  Adjourned. 

"  WEDNESDAY,  Aug.  22. 

"  In  Convention,  —  Art,  7,  Sect.  4,  was  resumed. 

"  Mr.  SHERMAN  was  for  leaving  the  clause  as  it  stands. 

oilCl  1  il;l  11. 

Jle  disapproved  of  the  slave-trade  ;  yet,  as  the  States  were 
now  possessed  of  the  right  to  import  slaves,  as  the  public 


DEBATE  IN  THE  FEDERAL  CONVENTION.         71 

good  did  not  require  it  to  be  taken  from  them,  and  as  it  i}"?cr 
Avas  expedient  to  have  as  feAv  objections  as  possible  to  the 
proposed  scheme  of  government,  he  thought  it  best  to  leave 
the  matter  as  we  find  it.  He  observed,  that  the  abolition  of 
slavery  seemed  to  be  going  on  in  the  United  States,  and  that 
the  good  sense  of  the  several  States  would  probably  by  degrees 
complete  it.  He  urged  on  the  Convention  the  necessity  of 
despatching  its  business. 

"  Col.  MASON.  This  infernal  traffic  originated  in  the 
avarice  of  British  merchants.  The  British  Government 
constantly  checked  the  attempts  of  Virginia  to  put  a  stop 
to  it.  The  present  question  concerns,  not  the  importing 
States  alone,  but  the  whole  Union.  The  evil  of  having 
slaves  was  experienced  during  the  late  Avar.  Had  slaves 
been  treated  as  they  might  ha\Te  been  by  the  enemy,  they 
Avould  have  proved  dangerous  instruments  in  their  hands. 
But  their  folly  dealt  by  the  slaves  as  it  did  by  the  Tories. 
lie  mentioned  the  dangerous  insurrections  of  the  slaves  in 
Greece  and  Sicily,  and  the  instructions  giA'en  by  Crom- 
Avell  to  the  commissioners  sent  to  Virginia, — to  arm  the 
servants  and  slaves,  in  case  other  means  of  obtaining  its 
submission  should  fail.  Maryland  and  Virginia,  he  said, 
had  already  prohibited  the  importation  of  slaves  expressly. 
North  Carolina  had  done  the  same  in  substance.  All 
this  Avould  be  in  vain,  if  South  Carolina  and  Georgia  be 
at  liberty  to  import.  The  "Western  people  are  already 
calling  out  for  slaAres  for  their  neAv  lands  ;  and  Avill  fill 
that  country  Avith  slaves,  if  they  can  be  got  through 
South  Carolina  and  Georgia.  Slavery  discourages  arts  and 
manufactures.  The  poor  despise  labor  Avhen  performed 
by  slaves.  They  prevent  the  emigration  of  Avhites,  Avho 
really  enrich  and  strengthen  a  country.  They  produce  the 
most  pernicious  effect  on  manners.  Every  master  of  slaves 
is  born  a  petty  tyrant.  They  bring  the  judgment  of  Heaven 
on  a  country.  As  nations  cannot  be  reivardcd  or  pun  is/ted 
in  the  next  ivoiid,  they  must  be  in  this.  By  an  inevitable 


72  HISTORICAL    RESEARCH. 

Debate  in  chain  of  causes  and  effects,  Providence  punishes  national 
lint?o°n!"  sins  l>y  national  calamities.  He  lamented  that  some  of  our 
Eastern  brethren  had,  from  a  lust  of  gain,  embarked  in  this 
nefarious  traffic.  As  to  the  States  being  in  possession  of 
the  right  to  import,  this  was  the  case  with  many  other 
rights,  now  to  be  properly  given  up.  He  held  it  essential, 
in  every  point  of  view,  that  the  General  Government  should 
have  power  to  prevent  the  increase  of  slavery. 

Oliver  "  Mr.  ELLSWORTH,  as  he  had  never  owned  a  slave,  could 

not  judge  of  the  effects  of  slavery  on  character.  He  said, 
however,  that,  if  it  was  to  be  considered  in  a  moral  light, 
we  ought  to  go  further,  and  free  those  already  in  the 
country.  As  slaves  also  multiply  so  fast  in  Virginia  and 
Maryland,  that  it  is  cheaper  to  raise  than  import  them, 
whilst  in  the  sickly  rice-swamps  foreign  supplies  are 
necessary,  if  we  go  no  further  than  is  urged,  we  shall  be 
unjust  towards  South  Carolina  and  Georgia.  Let  us  not 
intermeddle.  As  population  increases,  poor  laborers  will 
be  so  plenty  as  to  render  slaves  useless.  Slavery,  in  time, 
will  not  l>e  a  speck  in  our  country.  Provision  is  already 
made  in  Connecticut  for  abolishing  it ;  and  the  abolition 
has  already  taken  place  in  Massachusetts.  As  to  the 
danger  of  insurrections  from  foreign  influence,  that  will 
become  a  motive  to  kind  treatment  of  the  slaves. 
Charles  "  Mr.  PixcKNEY.  If  slavery  be  wrong,  it  is  justified  by 

the  example  of  all  the  world.  He  cited  the  case  of  Greece, 
Home,  and  other  ancient  States ;  the  sanction  given  by 
France,  England,  Holland,  and  other  modern  States.  In 
all  ages,  one-half  of  mankind  have  been  slaves.  If  the 
Southern  States  were  let  alone,  they  ivill  probably  of  them 
selves  stop  importations.  He  would  himself,  as  a  citizen  of 
South  Carolina,  vote  for  it.  An  attempt  to  take  away 
the  right,  as  proposed,  will  produce  serious  objections 
to  the  Constitution,  which  he  wished  to  see  adopted. 
Charles  "  Gen.  PiNCKNEY  declared  it  to  be  his  firm  opinion,  that 

I'inckiicy.    if  himself  and  all  his  colleagues  were  to  sign  the  Constitu- 


D  KB  ATE   IN   THE   FEDERAL    CONVENTION.  73 

tion.  and  use  their  personal  influence,  it  would  be  of  no  Charles 

.     .  ' '  .  Cotesworth 

avail  towards  obtaining  the  assent  01  their  constituents.  Pinckney. 
South  Carolina  and  Georgia  cannot  do  without  slaves. 
As  to  Virginia,  she  will  gain  by  stopping  the  importations. 
Her  slaves  will  rise  in  value,  and  she  has  more  than  she 
wants.  It  would  be  unequal  to  require  South  Carolina 
and  Georgia  to  confederate  on  such  unequal  terms.  He 
said,  the  royal  assent,  before  the  Revolution,  had  never 
been  refused  to  South  Carolina  as  to  Virginia.  He  con 
tended,  that  the  importation  of  slaves  would  be  for  the 
interest  of  the  whole  Union.  The  more  slaves,  the  more 
produce  to  employ  the  carrying-trade ;  the  more  consump 
tion  also ;  and,  the  more  of  this,  the  more  revenue  for  the 
common  treasury.  He  admitted  it  to  be  reasonable,  that 
slaves  should  be  dutied  like  other  imports ;  but  should 
consider  a  rejection  of  the  clause  as  an  exclusion  of  South 
Carolina  from  the  Union. 

"  Mr.  BALDWIN  had  conceived  national  objects  alone  to  Abraham 
be  before  the  Convention ;  not  such  as,  like  the  present, 
were  of  a  local  nature.  Georgia  was  decided  on  this  point. 
That  State  has  always  hitherto  supposed  a  General  Gov 
ernment  to  be  the  pursuit  of  the  Central  States,  who 
wished  to  have  a  vortex  for  every  thing ;  that  her  distance 
would  preclude  her  from  equal  advantage  ;  and  that  she 
could  not  prudently  purchase  it  by  yielding  national  pow 
ers.  From  this  it  might  be  understood  in  what  light  she 
would  view  an  attempt  to  abridge  one  of  her  favorite 
prerogatives.  If  left  to  herself,  she  may  probably  put  a  stop 
to  ihe  evil.  As  one  ground  for  this  conjecture,  he  took 
notice  of  the  sect  of  -  — ,  which,  he  said,  was  a  respecta 
ble  class  of  people,  who  carried  their  ethics  beyond  the 
mere  equality  of  men,  —  extending  their  humanity  to  the 
claims  of  the  whole  animal  creation. 

"  Mr.   WILSON  observed,   that   if  South    Carolina   and  James 

Wilson. 

Georgia  ivere  themselves  disposed  to  get  rid  of  the  importation 
of  slaves  in  a  short  time,  as  had  been  suggested,  thctj  would 

10 


74  HISTORICAL    RESEARCH. 

Debate  in  never  refuse  to  unite  because  the  importation  mi<jld  be  pro- 
vention."  hibited.  As  the  section  now  stands,  all  articles  imported 
are  to  be  taxed.  Slaves  alone  are  exempt,  This  is,  in 
fact,  a  bounty  on  that  article. 

"  Mr.  GERRY  thought  we  had  nothing  to  do  with  the 
conduct  of  the  States  as  to  slaves,  but  ought  to  be  careful 
not  to  give  any  sanction  to  it. 

"  Mr.  DICKINSON  considered  it  as  inadmissible,  on  every 
principle  of  honor  and  safety,  that  the  importation  of  slaves 
should  be  authorized  to  the  States  by  the  Constitution. 
The  true  question  was,  whether  the  national  happiness 
would  be  promoted  or  impeded  by  the  importation ;  and 
this  question  ought  to  be  left  to  the  National  Government, 
not  to  the  States  particularly  interested.  If  England  and 
France  permit  slavery,  slaves  are,  at  the  same  time,  ex 
cluded  from  both  those  kingdoms.  Greece  and  Rome  were 
made  unhappy  by  their  slaves.  He  could  not  believe  that 
the  Southern  States  would  refuse  to  confederate  on  the 
account  apprehended  ;  especially  as  the  power  was  not 
likely  to  be  immediately  exercised  by  the  General  Govern 
ment. 

"  Mr.  WILLIAMSON  stated  the  law  of  North  Carolina  on 
the  subject ;  to  wit,  that  it  did  not  directly  prohibit  the 
importation  of  slaves.  It  imposed  a  duty  of  £5  on  each 
slave  imported  from  Africa,  =£10  on  each  from  elsewhere, 
and  £50  on  each  from  a  State  licensing  manumission.  He 
thought  the  Southern  States  could  not  be  members  of  the 
Union,  if  the  clause  should  be  rejected  ;  and  it  was  wrong 
to  force  any  thing  down  not  absolutely  necessary,  and  which 
any  State  must  disagree  to. 

"  Mr.  KING  thought  the  subject  should  be  considered  in 
a  political  light  only.  If  two  States  will  not  agree  to  the 
Constitution,  as  stated  on  one  side,  he  could  affirm  with 
equal  belief,  on  the  other,  that  great  and  equal  opposition 
would  be  experienced  from  the  other  States.  He  remarked 
on  the  exemption  of  slaves  from  duty,  whilst  every  other 


DERATE  IN  THE  FEDERAL  CONVENTION.         75 

import  was  subjected  to  it,  as  an  inequality  that  could  not  Debute  in 
fail  to  strike  the  commercial  sagacity  of  the  Northern  and  veution. 
Middle  States. 

"  Mr.  LANGDON  was  strenuous  for  giving  the  power  to 
the  General  Government.  He  could  not,  with  a  good  con 
science,  leave  it  with  the  States,  who  could  then  go  on 
with  the  traffic,  without  being  restrained  by  the  opinions 
here  given,  that  they  will  themselves  cease  to  import  slaves. 

"  Gen.  PINCKNEY  thought  himself  bound  to  declare  can 
didly,  that  he  did  not  think  South  Carolina  would  stop  her 
importations  of  slaves  in  any  short  time  ;  but  only  stop 
them  occasionally,  as  she  now  does.  He  moved  to  commit 
the  clause,  that  slaves  might  be  made  liable  to  an  equal 
tax  with  other  imports  ;  which  he  thought  right,  and  which 
would  remove  one  difficulty  that  had  been  started. 

"  Mr.  RUTLEDGE.  If  the  Convention  thinks  that  North 
Carolina,  South  Carolina,  and  Georgia  will  ever  agree  to 
the  plan,  unless  their  right  to  import  slaves  be  untouched, 
the  expectation  is  vain.  The  people  of  those  States  will 
never  be  such  fools  as  to  give  up  so  important  an  interest. 
He  was  strenuous  against  striking  out  the  section,  and 
seconded  the  motion  of  Gen.  Pinckney  for  a  commitment. 

"  Mr.  GOUVERNEUR  MORRIS  wished  the  whole  subject  to 
be  committed,  including  the  clauses  relating  to  taxes 
on  exports  and  to  a  navigation  act.  These  things  may 
form  a  bargain  among  the  Northern  and  Southern  States. 

"  Mr.  BUTLER  declared,  that  he  never  would  agree  to 
the  power  of  taxing  exports. 

"  Mr.  SHERMAN  said  it  Avas  better  to  let  the  Southern 
States  import  slaves  than  to  part  with  them,  if  they  made 
that  a  sine  qua  non.  He  was  opposed  to  a  tax  on  slaves 
imported,  as  making  the  matter  worse,  because  it  implied 
they  were  property.  He  acknowledged,  that,  if  the  power 
of  prohibiting  the  importation  should  be  given  to  the 
General  Government,  it  would  be  exercised.  He  thought 
it  would  be  its  duty  to  exercise  the  power. 


76  HISTORICAL    RESEARCH. 

Debate  in  "  Mr.  READ  was  for  the  commitment,  provided  the  clause 
concerning  taxes  on  exports  should  also  be  committed. 

"  Mr.  SHERMAN  observed,  that  that  clause  had  been 
agreed  to,  and  therefore  could  not  be  committed. 

"  Mr.  RANDOLPH  was  for  committing,  in  order  that  some 
middle  ground  might,  if  possible,  be  found.  He  could 
never  agree  to  the  clause  as  it  stands.  He  would  sooner 
risk  the  Constitution.  He  dwelt  on  the  dilemma  to  which 
the  Convention  was  exposed.  By  agreeing  to  the  clause, 
it  would  revolt  the  Quakers,  the  Methodists,  and  many 
others  in  the  States  having  no  slaves.  On  the  other  hand, 
two  States  might  be  lost  to  the  Union.  Let  us  then,  he 
said,  try  the  chance  of  a  commitment."  •  —  Madison  Papers, 
Elliot,  vol.  v.  pp.  457-461. 

Three  days  later  (Saturday,  Aug.  25th),  the  debate 
on  this  subject  was  resumed,  and  the  Report  of  the 
Committee  of  Eleven  was  taken  up.  It  was  in  the 
following  words :  — 

"  Strike  out  so  much  of  the  fourth  section  as  was  re 
ferred  to  the  Committee,  and  insert  '  The  migration  or 
importation  of  such  persons  as  the  several  States,  now 
existing,  think  proper  to  admit,  shall  not  be  prohibited  by 
the  Legislature  prior  to  the  year  1800 ;  but  a  tax  or  duty 
may  be  imposed  on  such  migration  or  importation,  at  a  rate 
not  exceeding  the  average  of  the  duties  laid  on  imports.' ': 

"  Gen.  PINCKNEY  moved  to  strike  out  the  words  '  the 
year  eighteen  hundred '  as  the  year  limiting  the  importa 
tion  of  slaves,  and  to  insert  the  words  '  the  year  eighteen 
hundred  and  eight.' 

"  Mr.  GORHAM  seconded  the  motion. 

"  Mr.  MADISON.  Twenty  years  will  produce  all  the  mis 
chief  that  can  be  apprehended  from  the  liberty  to  import 
slaves.  So  long  a  term  will  be  more  dishonorable  to  the 


DEBATE  IN  THE  FEDERAL  CONVENTION.          <  i 

American  character  than  to  say  nothing  about  it  in  the   Debate  in 

the  Con- 
Constitution,  veution. 

"  On  the  motion,  which  passed  in  the  affirmative,  — 

"  New  Hampshire,  Massachusetts,  Connecticut,  Maryland, 
North  Carolina,  South  Carolina,  Georgia,  ay,  —  7  ;  New  Jersey, 
Pennsylvania,  Delaware,  Virginia,  no,  —  -4. 

"  Mr.  GOUVERNEUR  MORRIS  was  for  making  the  clause 
read  at  once, — 

"  '  The  importation  of  slaves  into  North  Carolina,  South  Caro 
lina,  and  Georgia,  shall  not  be  prohibited,'  &c. 

This,  he  said,  would  be  most  fair,  and  would  avoid  the 
ambiguity  by  which,  under  the  power  with  regard  to  natu 
ralization,  the  liberty  reserved  to  the  States  might  be 
defeated.  He  wished  it  to  be  known,  also,  that  this  part 
of  the  Constitution  was  a  compliance  with  those  States. 
If  the  change  of  language,  however,  should  be  objected 
to  by  the  members  from  those  States,  he  should  not 
urge  it. 

"  Col.  MASON  was  not  against  using  the  term  '  slaves/ 
but  against  naming  North  Carolina,  South  Carolina,  and 
Georgia,  lest  it  should  give  offence  to  the  people  of  those 
States. 

"  Mr.  SHERMAN  liked  a  description  better  than  the  terms 
proposed,  which  had  been  declined  by  the  old  Congress^ 
and  were  not  pleasing  to  some  people. 

"  Mr.  CLYMER  concurred  with  Mr.  Sherman. 

"  Mr.  WILLIAMSON  said,  that,  both  in  opinion  and  prac 
tice,  he  was  against  slavery ;  but  thought  it  more  in  favor 
of  humanity,  from  a  view  of  all  circumstances,  to  let  in 
South  Carolina  and  Georgia  on  those  terms,  than  to  exclude 
them  from  the  Union. 

"  Mr.  GOUVERNEUR  MORRIS  withdrew  his  motion. 

"Mr.  DICKINSON  wished  the  clause  to  be  confined  to  the 
States  which  had  not  themselves  prohibited  the  importa- 


78  HISTORICAL    RESEARCH. 

Delate  in    tion  of  slaves  ;  and,  for  that  purpose,  moved  to  amend  the 

the  Con 
vention,       clause  so  as  to  read,  — 

"  '  The  importation  of  slaves  into  such  of  the  States  as  shall 
permit  the  same  shall  not  be  prohibited  by  the  Legislature  of  the 
United  States  until  the  year  1808  ; '  - 

which  was  disagreed  to,  nem.  con. 

li  The  first  part  of  the  Report  was  then  agreed  to, 
amended  as  follows  :  — 

"  '  The  migration  or  importation  of  such  persons  as  the  several 
States  now  existing  shall  think  proper  to  admit  shall  not  be  prohib 
ited  by  the  Legislature  prior  to  the  year  1808.' 

"  Xew  Hampshire,  Massachusetts,  Connecticut,  Maryland, 
North  Carolina,  South  Carolina,  Georgia,  ay,  —  7;  Xew  Jersey, 
Pennsylvania,  Delaware,  Virginia,  no,  —  4." — Madison  Papers, 
Elliot,  vol.  v.  pp.  477,  478. 

These  specimens  of  the  debates  are  sufficient  to 
show  the  various  shades  of  opinion  as  expressed  by 
members  of  the  Convention  from  different  States. 
The  Constitution,  with  the  articles  on  slavery,  as 
amended  and  finally  adopted  by  the  Federal  Conven 
tion,  was  submitted  to  the  people,  to  be  ratified  by 
them  through  State  Conventions  of  delegates  elected 
for  that  special  purpose.  In  these  State  Conven 
tions,  the  various  articles  were  again  thoroughly 
discussed. 

In  Massachusetts,  the  delegates  assembled  in  Bos 
ton,  Jan.  9,  1788.  It  is  hardly  too  much  to  say,  that 
the  fate  of  the  Federal  Constitution  was  to  be  de 
cided  by  the  action  of  this  State  Convention.  By  the 
final  vote  of  three  hundred  and  fifty-five  members,  a 
majority  of  only  nineteen  votes  was  obtained  in  its 


MASSACHUSETTS    CONVENTION.  79 

favor  ;    one  hundred  and  eighty-seven  beinGr  in  the  conven 

•>  tion  to 

affirmative,  and  one  hundred  and  sixty-eight  in  the  ne-  ^i^ 
gative.     Had  the  vote  been  taken  without  discussion  l 
on  the  first  meeting  of  the  members,  there  can  be  no 
doubt  that  the  Constitution  would  have  been  rejected 
by  a  considerable  majority. 

Elbridge  Gerry,  one  of  our  delegates  to  the  Fede 
ral  Convention,  had  declined  to  sign  the  Constitution, 
and  addressed  a  letter  to  the  State  Legislature,  giving 
his  reasons  for  so  doing.  He  was  invited  to  take  a 
seat  with  the  delegates  in  the  State  Convention. 
John  Hancock  and  Samuel  Adams,  the  two  most 
eminent  members  of  the  State  Convention,  were  both 
opposed  to  the  adoption  of  the  Constitution.  Mr. 
Hancock,  on  account  of  his  position  and  from  mo 
tives  of  policy,  was  elected  President ;  but  he  excused 
himself  from  attending  until  towards  the  close  of  the 
session,  on  account  of  illness.  The  circumstances 
connected  with  the  change  of  purpose  on  the  part  of 
the  President  are  related  by  Professor  Parsons  in  the 
admirable  "  Memoir  "  of  his  father,  Chief-Justice  The- 
ophilus  Parsons.  Amongst  the  many  reasons  assigned 
by  the  opponents  of  the  Federal  Constitution  for 
their  desire  to  defeat  its  adoption,  the  articles  on  the 
subject  of  slavery  were  brought  forward.  The  discus 
sion  on  this  subject  deserves  our  notice. 

In  the  second  week  of  the  Convention,  Jan.  17, 
the  subject  of  taxation  and  representation  being 
under  debate,  "  Mr.  Wedgery  asked,  if  a  boy  of  six 
years  of  age  was  to  be  considered  as  a  free  person." 


80  HISTORICAL    RESEARCH. 

conven-          The  Hon.  Rufus  King,  in  answer,  said,  — 

tion  to 

Constitu-           "  All  persons  born  free  were  to  be  considered  as  free 
men  ;  and,  to  make  the  idea  of  taxation  by  numbers  more 
Rufus          intelligible,  said  that  five  negro  children  of  South  Carolina 
King'          are  to  pay  as  much  tax  as  the  three   governors  of  New 
Hampshire,  Massachusetts,  and  Connecticut." 

On  the  same  occasion,  Judge  Dana  spoke :  — 

Francis  "  In  reply  to  the  remark  of  some  gentlemen,  that  the 

Southern  States  were  favored  in  this  mode  of  apportion 
ment,  by  having  five  of  their  negroes  set  against  three 
persons  in  the  Eastern,  the  honorable  Judge  observed,  that 
the  negroes  of  the  Southern  States  work  no  longer  than 
when  the  eye  of  the  driver  is  on  them.  '  Can,'  asked  he, 
1  that  land  flourish  like  this,  which  is  cultivated  by  the  hands 
of  freemen  ?  And  are  not  three  of  these  independent 
freemen  of  more  real  advantage  to  a  State  than  five  of 
those  poor  slaves  ? 7  As  a  friend  to  equal  taxation,  he  re 
joiced  that  an  opportunity  was  presented  in  this  Constitu 
tion  to  change  this  unjust  mode  of  apportionment.  'Indeed/ 
concluded  he,  '  from  a  survey  of  every  part  of  the  Consti 
tution,  I  think  it  the  best  that  the  wisdom  of  man  could 
suggest.' " 

The  discussion  was  continued  ;  and,  on  the  next 
day,  Thomas  Dawes,  Esq.,  expressed  his  views  on 
the  subject:  — 

Thomas  «  ^{r>  JJAWES  ga,^  ne  wag  sorry  to  hear  so  many  objec 

tions  raised  against  the  paragraph  under  consideration. 
He  thought  them  wholly  unfounded  ;  that  the  black 
inhabitants  of  the  Southern  States  must  be  considered 
either  as  slaves,  and  as  so  much  property,  or  in  the  char 
acter  of  so  many  free  men.  If  the  former,  why  should 
they  not  be  wholly  represented  ?  Our  own  State  laws  and 
Constitution  would  lead  us  to  consider  those  blacks  as  free 


MASSACHUSETTS  CONVENTION.  81 

men ;  and  so,  indeed,  would  our  own  ideas  of  natural  ins-  Thomas 

.  Dawes. 

tice.     If,  then,  they  are  freemen,  they  might  form  an  equal 

basis  for  representation,  as  though  they  were  all  white 
inhabitants.  In  either  view,  therefore,  he  could  not  see 
that  the  Northern  States  would  suffer,  but  directly  to  the 
contrary.  lie  thought,  however,  that  gentlemen  would  do 
well  to  connect  the  passage  in  dispute  with  another  article 
in  the  Constitution,  that  permits  Congress,  in  the  year 
1808,  wholly  to  prohibit  the  importation  of  slaves,  and,  in 
the  mean  time,  to  impose  a  duty  of  ten  dollars  a  head  on 
such  blacks  as  should  be  imported  before  that  period.  Be 
sides,  by  the  new  Constitution,  every  particular  State  is 
left  to  its  own  option  totally  to  prohibit  the  introduction  of 
slaves  into  its  own  territories.  What  could  the  Convention 
do  more  ?  The  members  of  the  Southern  States,  like  our 
selves,  have  their  prejudices.  It  would  not  do  to  abolish 
slavery  by  an  act  of  Congress  in  a  moment,  and  so  destroy 
what  our  Southern  brethren  consider  as  property ;  but 
ice  may  say,  that  although  slavery  is  not  smitten  by  an  apo 
plexy,  yet  it  has  received  a  mortal  wound,  and  will  die  of  a 
consumption."  —  Debates  and  Proceedings,  pp.  135-139. 

From  the  minutes  of  the  debates,  kept  by  Chief- 
Justice  Parsons,  and  printed  with  the  last  edition  of 
the  "  Debates  and  Proceedings,"  we  learn  that  George 
Cabot  on  this  occasion  remarked :  "  The  Southern 
States  have  the  slave-trade,  and  are  sovereign  States. 
This  Constitution  is  the  best  way  to  get  rid  of  it" 

During  the  next  week  (Friday,  Jan.  25),  the  clause 
relating  to  "  the  migration  or  importation  of  such 
persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit  "  was  under  consideration  ;  when 

"  Mr.   NEAL  (from  Kittery)  went  over  the  ground  of  Jnmes 
objection  to  this  section,  on  the  idea  that  the  slave-trade 

11 


82  HISTORICAL    RESEARCH. 

Convention  Was  allowed  to  bo  continued  for  twenty  years.     His  pro- 
the  Consti-  fession,  lie  said,  obliged  him  to  bear  witness  against  any 
thing   that   should  favor  the  making  merchandise  of  the 
bodies  of  men :  and,  unless  his  objection  was  removed,  he 
could  not  put  his  hand  to  the  Constitution.     Other  gentle 
men  said,  in  addition  to  this  idea,  that  there  was  not  even 
a  provision  that  the  negroes  ever  shall  be  free ;  and 
General  "  Gen.  THOMPSON  exclaimed :  '  Mr.  President,  Shall  it  be 

said,  that,  after  we  have  established  our  own  independ 
ence  and  freedom,  we  make  slaves  of  others  ?  0  Washing 
ton  !  What  a  name  has  he  had  !  How  he  has  immortalized 
himself!  But  he  holds  those  in  slavery  who  have  as  good 
right  to  be  free  as  he  has.  He  is  still  for  self;  and;  in  my 
opinion,  his  character  has  sunk  fifty  per  cent.' 

"  On  the  other  side,  gentlemen  said,  that  the  step  taken 
in  this  article  towards  the  abolition  of  slavery  was  one  of 
the  beauties  of  the  Constitution.  They  observed,  that,  in 
the  Confederation,  there  was  no  provision  whatever  for  its 
ever  being  abolished :  but  this  Constitution  provides  that 
Congress  may,  after  twenty  years,  totally  annihilate  the 
slave-trade  ;  and  that,  as  all  the  States,  except  two,  have 
passed  laws  to  this  effect,  it  might  reasonably  be  expected 
that  it  would  then  be  done.  In  the  interim,  all  the  States 
were  at  liberty  to  prohibit  it. 

"SATURDAY,  Jan.  26,  1788. 

"The  debate  on  the  ninth  section  still  continued  desul 
tory,  and  consisted  of  similar  objections  and  answers  thereto 
as  had  before  been  used.  Both  sides  deprecated  the  slave- 
trade  in  the  most  pointed  terms.  On  one  side,  it  was  pathet 
ically  lamented  by  Mr.  Nasson,  Major  Lusk,  Mr.  Neal,  and 
others,  that  this  Constitution  provided  for  the  continuation 
of  the  slave-trade  for  twenty  years  ;  on  the  other,  the  Hon. 
Judge  Dana,  Mr.  Adams,  and  others,  rejoiced  that  a  door 
was  now  to  be  opened  for  the  annihilation  of  this  odious, 
abhorrent  practice,  in  a  certain  time."  •  —  Debates  and  Pro 
ceedings,  pp.  208,  209. 


MASSACHUSETTS    CONVENTION.  83 

On  Wednesday,  Jan.  30,  General  Heath,  who  had 
been  detained  by  indisposition  from  attending  many 
of  the  meetings,  was  present,  and  participated  in  the 
debate.  A  part  of  his  remarks  were  as  follows  :  — 

"  The  paragraph  respecting  the  migration  or  importa-  General 
tion  of  such  persons  as  any  of  the  States  now  existing 
shall  think  proper  to  admit,  &c.,  is  one  of  those  considered 
during  my  absence ;  and  I  have  heard  nothing  on  the  sub 
ject,  save  what  has  been  mentioned  this  morning.  But  I 
think  the  gentlemen  who  have  spoken  have  carried  the 
matter  rather  too  far  on  both  sides. 

"  I  apprehend  that  it  is  not  in  our  power  to  do  any  thing 
for  or  against  those  who  are  in  slavery  in  the  Southern 
States.  No  gentleman  within  these  walls  detests  every 
idea  of  slavery  more  than  I  do.  It  is  generally  detested 
by  the  people  of  this  Commonwealth  ;  and  I  ardently  hope 
that  the  time  will  soon  come,  when  our  brethren  in  the 
Southern  States  will  view  it  as  we  do,  and  put  a  stop  to  it : 
but  to  this  we  have  no  right  to  compel  them.  Two  ques 
tions  naturally  arise  :  If  we  ratify  the  Constitution,  shall 
we  do  any  thing  by  our  act  to  hold  the  blacks  in  slavery  ?  or 
shall  we  become  partakers  of  other  men's  sins?  I  think,  nei 
ther  of  them.  Each  State  is  sovereign  and  independent  to 
a  certain  degree ;  and  they  have  a  right,  and  will  regulate 
their  own  internal  affairs  as  to  themselves  appears  proper. 
And  shall  we  refuse  to  eat  or  to  drink  or  to  be  united  with 
those  who  do  not  think  or  act  just  as  we  do  ?  Surely  not. 
We  are  not,  in  this  case,  partakers  of  other  men's  sins  ;  for 
in  nothing  do  we  voluntarily  encourage  the  slavery  of  our 
fellow-men.  A  restriction  is  laid  on  the  Federal  Govern 
ment,  which  could  not  be  avoided  and  a  union  take  place. 
The  Federal  Convention  went  as  far  as  they  could.  The 
migration,  or  importation,  &c.,  is  confined  to  the  States 
now  existing  only  :  new  States  cannot  claim  it.  Congress, 


84  HISTORICAL    RESEARCH. 

Convention  by  their  ordinance  for  erecting  new  States,  some  time  since 
theraconsti-  declared  that  the  new  States  shall  be  republican,  and  that 
there  shall  be  no  slavery  in  them ;  but,  whether  those  in 
slavery  in  the  Southern  States  will  be  emancipated  after 
the  year  1808,  I  do  not  pretend  to  determine:  I  rather 
doubt  it."  —  Debates  and  Proceedings,  pp.  216-217. 

One  of  the  longest  speeches  in  the  Convention,  on 
the  subject  of  slavery,  was  made  by  the  Rev.  Isaac 
Backus  of  Middleborough,  on  the  4th  of  February, 
just  before  the  debates  were  finally  closed.  A  part  of 
this  speech  will  show  its  character :  — 

Ifa"c  "  Much.  Sir,  hath  been  said  about  the  importation  of 

Backns.  .  '  .  x 

slaves  into  this  country.  I  believe,  that,  according  to  my 
capacity,  no  man  abhors  that  wicked  practice  more  than  I 
do,  and  would  gladly  make  use  of  all  lawful  means  toward 
the  abolishing  of  slavery  in  all  parts  of  the  land.  But  let 
us  consider  where  we  are,  and  what  we  are  doing.  In 
the  Articles  of  Confederation,  no  provision  was  made  to  hin 
der  the  importation  of  slaves  into  any  of  these  States ;  but  a 
door  is  now  opened  hereafter  to  do  it,  and  each  State  is  at 
liberty  now  to  abolish  slavery  as  soon  as  they  please.  And 
let  us  remember  our  former  connection  with  Great  Britain, 
from  whom  many  in  our  land  think  we  ought  not  to  have 
revolted.  How  did  they  carry  on  the  slave-trade  ?  I  know 
that  the  Bishop  of  Gloucester,  in  an  annual  sermon  in  Lon 
don  in  February,  17GG,  endeavored  to  justify  their  tyran 
nical  claims  of  power  over  us  by  casting  the  reproach  of 
the  slave-trade  upon  the  Americans  ;  but,  at  the  close  of  the 
war,  the  Bishop  of  Chester,  in  an  annual  sermon  in  Febru 
ary,  1783,  ingenuously  owned  that  their  nation  is  the  most 
deeply  involved  in  the  guilt  of  that  trade  of  any  nation  in 
the  world,  and  also  that  they  have  treated  their  slaves 
in  the  West  Indies  worse  than  the  French  or  Spaniards  have 
done  theirs.  Thus  slavery  grows  more  and  more  odious 


MASSACHUSETTS   CONVENTION.  8,) 

through  the  world ;  and,  as  an  honorable  gentleman  said  Debate  in 
some  days  ago,  i  Though  we  cannot  say  that  slavery  is  struck  vention. 
with  an  apoplexy,  yet  we  may  hope  it  ivill  die  with  a  consump 
tion.' 

"  The  American  Revolution  was  built  upon  the  principle, 
that  all  men  are  born  with  an  equal  right  to  liberty  and 
property,  and  that  officers  have  no  right  to  any  power  but 
what  is  fairly  given  them  by  the  consent  of  the  people. 
And,  in  the  Constitution  now  proposed  to  us,  a  power  is 
reserved  to  the  people  constitutionally  to  reduce  every 
officer  again  to  a  private  station ;  and  what  a  guard  is  this 
against  their  invasion  of  others'  rights,  or  abusing  of  their 
power !  Such  a  door  is  now  opened  for  the  establishing  of 
righteous  government,  and  for  securing  equal  liberty,  as 
never  was  before  opened  to  any  people  on  earth."-  —  De 
bates  and  Proceedings,  pp.  251,  253. 

The  final  vote  on  the  ratification  of  the  Constitu-  Rejoicing 

on  the 

tion  was  taken  on  the  Gth  of  February,  1788;   and  nation  of 

J  the  Consti- 

resulted,  as  has  been  already  stated,  in  the  affirmative,  tution- 
by  the  small  majority  of  nineteen  votes.  Notwith 
standing  the  strong  opposition  to  it  which  was  mani 
fested  whilst  the  subject  was  under  discussion,  there 
was  a  general  acquiescence  in  the  result.  The  joy  of 
the  people  was  expressed  by  enthusiastic  public  de 
monstrations.  An  extract  from  one  of  the  newspa 
pers  of  the  day  will  give  a  good  idea  of  the  popular 
sentiment  at  the  time  :  — 

"  The  citizens  of  Boston  have  ever  shown  themselves 
advocates  for  freedom  :  therefore,  when  a  motion  had 
obtained,  one  of  the  greatest  objects  of  which  is  'to  secure 
the  blessings  of  liberty  to  themselves  and  their  posterity/ 


8G  HISTORICAL    RESEARCH. 

Ceiebra-  tliev  could  not  resist  the  strong  impulse  they  must  have 
Boston.  had,  publicly  to  testify  their  gratitude  for  the  pleasing 
event.  Nor  have  they.  On  the  decision  being  declared, 
the  bells  in  the  several  public  buildings  communicated  the 
happy  intelligence  to  every  part  of  the  town  by  a  peal, 
which  continued  for  several  hours  ;  and  which  has  been 
continued,  with  short  intervals,  ever  since.  The  discharge 
of  cannon,  and  other  demonstrations  of  joy,  took  place  on 
Wednesday  and  Thursday  ;  but  it  was  left  to  yesterday  to 
produce  an  exhibition,  to  which  America  has  never  before 
witnessed  an  equal,  and  which  has  exceeded  any  thing  of 
the  kind  Europe  can  boast  of."  —  Columbian  Centinel, 
Feb.  9  1788. 


published  account  of  the  Convention  in  New 
tion.%t"        Hampshire   is  very  brief  and  imperfect.     The  only 
speech  known  to  have  been  preserved  is  here  printed 
entire. 

The  Hon.  Joshua  Atherton,  from  Amhcrst,  spoke 
as  follows  :  — 

josimn,  "  Mr.  President,  I  cannot  be  of  the  opinion  of  the  ho- 

Atherton.  n0rable  gentlemen  who  last  spoke,  that  this  paragraph  is 
either  so  useful  or  so  inoffensive  as  they  seem  to  imagine, 
or  that  the  objections  to  it  arc  so  totally  void  of  foundation. 
The  idea  that  strikes  those,  who  are  opposed  to  this  clause, 
so  disagreeably  and  so  forcibly,  is,  hereby  it  is  conceived 
(if  we  ratify  the  Constitution)  that  we  become  consentcrs 
to,  and  partakers  in,  the  sin  and  guilt  of  this  abominable 
traffic,  at  least  for  a  certain  period,  without  any  positive 
stipulation  that  it  should  even  then  be  brought  to  an  end. 
We  do  not  behold  in  it  that  valuable  acquisition  so  much 
boasted  of  by  the  honorable  member  from  Portsmouth, 
•  thai  an  end  is  then  to  be  put  to  slavery.'  Congress  may  be 
as  much  or  more  puzzled  to  put  a  stop  to  it  then  than  we 
are  now.  The  clause  has  not  secured  its  abolition. 


NEW-HAMPSHIRE    CONVENTION.  87 

"  Wo  do  not  think  ourselves  under  any  obligation  to  Joshua 
perform  works  of  supererogation  in  the  reformation  of  man 
kind  ;  we  do  not  esteem  ourselves  under  any  necessity  to 
go  to  Spain  or  Italy  to  suppress  the  Inquisition  of  those 
countries,  or  of  making  a  journey  to  the  Carolinas  to 
abolish  the  detestable  custom  of  enslaving  the  Africans  : 
but,  Sir,  we  will  not  lend  the  aid  of  our  ratification  to  this 
cruel  and  inhuman  merchandise,  not  even  for  a  day.  There 
is  a  great  distinction  in  not  taking  a  part  in  the  most  bar 
barous  violation  of  the  sacred  laws  of  God  and  humanity, 
and  our  becoming  guaranties  for  its  exercise  for  a  term  of 
years.  Yes,  Sir,  it  is  our  full  purpose  to  wash  our  hands 
clear  of  it ;  and  however  unconcerned  spectators  we  may 
remain  of  such  predatory  infractions  of  the  laws  of  our 
nature,  however  unfeelingly  we  may  subscribe  to  the  ratifi 
cation  of  man-stealing,  with  all  its  baneful  consequences, 
yet  I  cannot  but  believe,  in  justice  to  human  nature,  that 
if  we  reserve  the  consideration,  and  bring  this  claimed 
power  somewhat  nearer  to  our  own  doors,  we  shall  form  a 
more  equitable  opinion  of  its  claim  to  this  ratification.  Let 
us  figure  to  ourselves  a  company  of  these  man-stealers, 
well  equipped  for  the  enterprise,  arriving  on  our  coast. 
They  seize  and  carry  off  the  whole  or  a  part  of  the  in 
habitants  of  the  town  of  I^xcter.  Parents  are  taken,  and 
children  left;  or  possibly  they  may  be  so  fortunate  as  to 
have  a  whole  family  taken  and  carried  off  together  by  these 
relentless  robbers.  What  must  lie  their  feelings  in  the 
hands  of  their  new  and  arbitrary  masters  ?  Dragged  at 
once  from  every  thing  they  held  dear  to  them  ;  stripped 
of  every  comfort  of  life,  like  beasts  of  prey,  —  they  are 
hurried  on  a  loathsome  and  distressing  voyage  to  the  coast 
of  Africa,  or  some  other  quarter  of  the  globe,  where  the 
greatest  price  may  await  them  ;  and  here,  if  any  thing  can 
be  added  to  their  miseries,  comes  on  the  heart-breaking 
scene.  A  parent  is  sold  to  one,  a  son  to  another,  and  a 
daughter  to  a  third  !  Brother  is  cleft  from  brother,  sister 


88  HISTORICAL    RESEARCH. 

Joshua  from  sister,  and  parents  from  their  darling  offspring! 
Broken  with  every  distress  that  human  nature  can  feel, 
and  bedewed  with  tears  of  anguish,  they  are  dragged  into 
the  last  stage  of  depression  and  slavery,  never,  never  to 
behold  the  faces  of  one  another  again !  The  scene  is  too 
affecting.  I  have  not  fortitude  to  pursue  the  subject."  — 
Elliot's  Debates,  vol.  ii.  pp.  203,  204. 

Pennsylvania  was  the  second  State  to  adopt  the 
Constitution.  The  remarks  of  James  Wilson,  in  the 
Ratification  Convention,  must  not  be  omitted.  Mr. 
Wilson  was  one  of  the  signers  of  the  Declaration  of 
Independence,  and  was  for  several  years  a  member 
•  of  Congress.  He  was  not  only  an  eloquent  orator  and 
ready  debater,  but  may  be  regarded  as  one  of  the  first 
jurists  in  the  country.  Washington  appointed  him  a 
Judge  of  the  Supreme  Court  of  the  United  States  the 
year  after  the  adoption  of  the  Constitution ;  and  he 
held  the  office  until  his  death,  which  occurred  in 
1798.  The  opinions  of  such  a  man  are  entitled  to 
great  consideration. 

.Limes  "  With  respect  to  the  clause  restricting  Congress  from 

\\ilsun.  .    .  .  (  .  ° 

prohibiting  the  migration  or  importation  of  such  persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit 
prior  to  the  year  1808,  the  honorable  gentleman  says  that 
this  clause  is  not  only  dark,  but  intended  to  grant  to 
Congress,  for  that  time,  the  power  to  admit  the  importa 
tion  of  slaves.  Xo  such  thing  was  intended.  But  I  will 
tell  you  what  was  done,  and  it  gives  me  high  pleasure  that 
so  much  was  done.  Under  the  present  Confederation,  the 
States  may  admit  the  importation  of  slaves  as  long  as  they 
please;  but  by  tin's  article,  after  the  year  1808,  the  Con 
gress  will  have  power  to  prohibit  such  importation,  notwith 
standing  the  disposition  of  any  State  to  the  contrary.  / 


PENNSYLVANIA    CONVENTION.  89 

consider  this  as  laying  the  foundation  for  banishing  slavery  James 
out  of  this  country  ;  and  though  the  period  is  more  distant 
than  I  could  ivish,  yet  it  will  produce  the  same  kind,  gradual 
change  which  was  pursued  in  Pennsylvania.  It  is  with 
much  satisfaction  I  view  this  power  in  the  General  Gov 
ernment,  whereby  they  may  lay  an  interdiction  on  this 
reproachful  trade.  But  an  immediate  advantage  is  also 
obtained  :  for  a  tax  or  duty  may  be  imposed  on  such  impor 
tation,  not  exceeding  ten  dollars  for  each  person ;  and  this, 
Sir,  operates  as  a  partial  prohibition.  It  was  all  that  could 
be  obtained.  I  am  sorry  it  was  no  more ;  but  from  this  I 
think  there  is  reason  to  hope,  that  yet  a  few  years,  and 
it  will  be  prohibited  altogether ;  and,  in  the  mean  time,  tho 
new  States  which  are  to  be  formed  will  be  under  the  control 
of  Congress  in  this  particular,  and  slaves  will  never  be  in 
troduced  amongst  them. 

"  I  recollect,  on  a  former  day,  the  honorable  gentleman 
from  Westmoreland  (Mr.  Findley),  and  the  honorable  gen 
tleman  from  Cumberland  (Mr.  Whitehill),  took  exceptions 
against  the  1st  clause  of  the  9th  sect.,  art.  1,  arguing,  very 
unfairly,  that,  because  Congress  might  impose  a  tax  or 
duty  of  ten  dollars  on  the  importation  of  slaves  within 
any  of  the  United  States,  Congress  might  therefore  permit 
slaves  to  be  imported  within  this  State,  contrary  to  its 
laws.  I  confess,  I  little  thought  that  this  part  of  the 
system  would  be  excepted  to. 

"  I  am  sorry  that  it  could  be  extended  no  farther ;  but, 
so  far  as  it  operates,  it  presents  us  with  the  pleasing  pros 
pect,  that  the  rights  of  mankind  will  bo  acknowledged  and 
established  throughout  the  Union. 

"  If  there  was  no  other  lovely  feature  in  the  Constitu 
tion  but  this  one,  it  would  diffuse  a  beauty  over  its  whole 
countenance.  Yet  the  lapse  of  a  few  years,  and  Congress 
will  have  power  to  exterminate  slavery  from  within  our 
borders."  •  — Elliot's  Debates,  vol.  ii.  pp.  452,  484. 

12 


90 


HISTORICAL    RESEARCH. 


Constitu 
tion  rati 
fied  by 
Maryland. 


Luther 
ilurtin. 


Maryland  adopted  the  Constitution  in  opposition 
to  the  strong  remonstrance  of  Luther  Martin.  The 
address  which  he  made  to  the  State  Legislature  has 
been  published,  and  fills  between  forty  and  fifty  closely 
printed  pages.  The  part  pertinent  to  this  paper  is 
here  copied  entire  :  — 

"  By  the  ninth  section  of  this  article,  the  importation  of 
such  persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit  shall  not  be  prohibited  prior  to  the  year 
one  thousand  eight  hundred  and  eight ;  but  a  duty  may  be 
imposed  on  such  importation,  not  exceeding  ten  dollars  each 
person. 

"  The  design  of  this  clause  is  to  prevent  the  General 
Government  from  prohibiting  the  importation  of  slaves;  but 
the  same  reasons  which  caused  them  to  strike  out  the  word 
'  national,'  and  not  admit  the  word  '  stamps/  influenced 
them  here  to  guard  against  the  word  '  slaves.'  They  anx 
iously  sought  to  avoid  the  admission  of  expressions  which 
might  be  odious  in  the  ears  of  Americans,  although  they 
were  willing  to  admit  into  their  system  those  things  which 
the  expressions  signified :  and  hence  it  is  that  the  clause 
is  so  worded  as  really  to  authorize  the  General  Government 
to  impose  a  duty  of  ten  dollars  on  every  foreigner  who 
comes  into  a  State  to  become  a  citizen,  whether  he  comes 
absolutely  free,  or  qualifiedly  so  as  a  servant ;  although 
this  is  contrary  to  the  design  of  the  framers,  and  the  duty 
was  only  meant  to  extend  to  the  importation  of  slaves. 

"  This  clause  was  the  subject  of  a  great  diversity  of  sen 
timent  in  the  Convention.  As  the  system  was  reported  by 
the  committee  of  detail,  the  provision  was  general,  that 
such  importation  should  not  be  prohibited,  without  confin 
ing  it  to  any  particular  period.  This  was  rejected  by  eight 
States  ;  Georgia,  South  Carolina,  and,  I  think,  North  Caro 
lina,  voting  for  it. 


LEGISLATURE    OF    MARYLAND.  91 

"  Wo  were  then  told  by  the  delegates  of  the  two  first   J;lltlicr 
J  Martin. 

of  those  States,  that  their  States  would  never  agree  to  a 
system  which  put  it  in  the  power  of  the  General  Govern 
ment  to  prevent  the  importation  of  slaves  ;  and  that  they, 
as  delegates  from  those  States,  must  withhold  their  assent 
from  such  a  system. 

"  A  committee  of  one  member  from  each  State  was 
chosen  by  ballot  to  take  this  part  of  the  system  under 
their  consideration,  and  to  endeavor  to  agree  upon  some 
report  which  should  reconcile  those  States.  To  this  com 
mittee  also  was  referred  the  following  proposition,  which 
had  been  reported  by  the  committee  of  detail ;  viz.,  '  No 
navigation  act  shall  be  passed  without  the  assent  of  two- 
thirds  of  the  members  present  in  each  house/  —  a  pro 
position  which  the  staple  and  commercial  States  were 
solicitous  to  retain,  lest  their  commerce  should  be  placed 
too  much  under  the  power  of  the  Eastern  States,  but 
which  these  last  States  were  as  anxious  to  reject.  This 
committee,  of  which  also  I  had  the  honor  to  be  a  member, 
met,  and  took  under  their  consideration  the  subjects  com 
mitted  to  them.  I  found  the  Eastern  States,  notwithstand 
ing  their  aversion  to  slavery,  were  very  willing  to  indulge 
the  Southern  States  at  least  with  a  temporary  liberty  to 
prosecute  the  slave-trade,  provided  the  Southern  States 
would,  in  their  turn,  gratify  them  by  laying  no  restriction 
on  navigation  acts ;  and,  after  a  very  little  time,  the  com 
mittee,  by  a  great  majority,  agreed  on  a  report,  by  which 
the  General  Government  was  to  be  prohibited  from  pre 
venting  the  importation  of  slaves  for  a  limited  time,  and 
the  restrictive  clause  relative  to  navigation  acts  was  to  be 
omitted. 

"  This  report  was  adopted  by  a  majority  of  the  Conven 
tion,  but  not  without  considerable  opposition.  It  was  said 
that  we  had  just  assumed  a  place  among  independent 
nations,  in  consequence  of  our  opposition  to  the  attempts 
of  Great  Britain  to  enslave  us ;  that  this  opposition  was 


92  HISTORICAL    RESEARCH. 

Luther  grounded  upon  the  preservation  of  those  rights  to  which 
God  and  nature  had  entitled  us,  not  in  particular,  but  in 
common  with  the  rest  of  all  mankind  ;  that  we  had  appealed 
to  the  Supreme  Being  for  his  assistance,  as  the  God  of 
freedom,  who  could  not  but  approve  our  efforts  to  preserve 
the  rights  which  he  had  thus  imparted  to  his  creatures  ; 
that  now,  when  we  scarcely  had  risen  from  our  knees,  from 
supplicating  his  aid  and  protection  in  forming  our  govern 
ment  over  a  free  people,  —  a  government  formed  pretend- 
edly  on  the  principles  of  liberty,  and  for  its  preservation, 
—  in  that  government  to  have  a  provision  not  only  putting 
it  out  of  its  power  to  restrain  and  prevent  the  slave-trade, 
but  even  encouraging  that  most  infamous  traffic  by  giving 
the  States  power  and  influence  in  the  Union  in  proportion 
as  they  cruelly  and  wantonly  sport  with  the  rights  of  their 
fellow-creatures,  ought  to  be  considered  as  a  solemn  mock 
ery  of,  and  insult  to,  that  God  whose  protection  we  had 
then  implored ;  and  could  not  fail  to  hold  us  up  in  detesta 
tion,  and  render  us  contemptible  to  every  true  friend  of 
liberty  in  the  wrorld.  It  was  said,  it  ought  to  be  consid 
ered  that  national  crimes  can  only  be,  and  frequently  are, 
punished  in  this  world  by  national  punishments ;  and  that 
the  continuance  of  the  slave-trade,  and  thus  giving  it  a 
national  sanction  and  encouragement,  ought  to  be  consid 
ered  as  justly  exposing  us  to  the  displeasure  and  ven 
geance  of  Him  who  is  equally  Lord  of  all,  and  who  views 
with  equal  eye  the  poor  African  slave  and  his  American 
master. 

"  It  was  urged,  that,  by  this  system,  we  were  giving  the 
General  Government  full  and  absolute  power  to  regulate 
commerce ;  under  which  general  power  it  would  have  a 
right  to  restrain,  or  totally  prohibit,  the  slave-trade.  It 
must  therefore  appear  to  the  world  absurd  and  disgraceful, 
to  the  last  degree,  that  we  should  except  from  the  exercise 
of  that  power  the  only  branch  of  commerce  which  is  un 
justifiable  in  its  nature,  and  contrary  to  the  rights  of 


LEGISLATURE    OF    MARYLAND.  03 

mankind;  that,  on  the  contrary,  we  ought  rather  to  prohib-  Luther 
it  expressly,  in  our  Constitution,  the  further  importation 
of  slaves,  and  to  authorize  the  General  Government,  from 
time  to  time,  to  make  such  regulations  as  should  be  thought 
most  advantageous  for  the  gradual  abolition  of  slavery,  and 
the  emancipation  of  the  slaves  which  are  already  in  the 
States ;  that  slavery  is  inconsistent  with  the  genius  of  re 
publicanism,  and  has  a  tendency  to  destroy  those  principles 
on  which  it  is  supported,  as  it  lessens  the  sense  of  the 
equal  rights  of  mankind,  and  habituates  us  to  tyranny  and 
oppression.  It  was  further  urged,  that,  by  this  system  of 
government,  every  State  is  to  be  protected  both  from  for 
eign  invasion  and  from  domestic  insurrections  ;  that,  from 
this  consideration,  it  was  of  the  utmost  importance  it 
should  have  a  power  to  restrain  the  importation  of  slaves, 
since,  in  proportion  as  the  number  of  slaves  was  increased 
in  any  State,  in  the  same  proportion  the  State  is  weakened, 
and  exposed  to  foreign  invasion  or  domestic  insurrection, 
and  by  so  much  less  will  it  be  able  to  protect  itself  against 
either ;  and  therefore  will,  by  so  much  the  more,  want  aid 
from,  and  be  a  burden  to,  the  Union.  It  was  further  said, 
that  as,  in  this  system,  we  were  giving  the  General  Gov 
ernment  a  power,  under  the  idea  of  national  character  or 
national  interest,  to  regulate  even  our  weights  and  meas 
ures,  and  have  prohibited  all  possibility  of  emitting  paper 
money,  and  passing  insolvent  laws,  <fcc.,  it  must  appear  still 
more  extraordinary  that  we  should  prohibit  the  govern 
ment  from  interfering  with  the  slave-trade,  than  which 
nothing  could  so  materially  affect  both  our  national  honor 
and  interest.  These  reasons  influenced  me,  both  on  the 
Committee  and  in  Convention,  most  decidedly  to  oppose 
and  vote  against  the  clause,  as  it  now  makes  a  part  of  the 
system. 

"  You  will  perceive,  Sir,  not  only  that  the  General  Gov 
ernment  is  prohibited  from  interfering  in  the  slave-trade 
before  the  year  eighteen  hundred  and  eight,  but  that  there 


!)4  HISTORICAL    RESEARCH. 

Luther  is  no  provision  in  the  Constitution  that  it  shall  afterwards 
be  prohibited,  nor  any  security  that  such  prohibition  will 
ever  take  place;  and  I  think  there  is  great  reason  to  be 
lieve,  that,  if  the  importation  of  slaves  is  permitted  until 
the  year  eighteen  hundred  and  eight,  it  will  not  be  prohib 
ited  afterwards.  At  this  time,  wo  do  not  generally  hold 
this  commerce  in  so  great  abhorrence  as  we  have  done. 
When  our  liberties  were  at  stake,  we  warmly  felt  for  the 
common  rights  of  men.  The  danger  being  thought  to  be 
past  which  threatened  ourselves,  we  are  daily  growing 
more  insensible  to  those  rights.  In  those  States  which 
have  restrained  or  prohibited  the  importation  of  slaves,  it 
is  only  done  by  legislative  acts  which  may  be  repealed. 
When  those  States  find  that  they  must,  in  their  national 
character  and  connection,  suffer  in  the  disgrace,  and  share 
in  the  inconveniences,  attendant  upon  that  detestable  and 
iniquitous  traffic,  they  may  be  desirous  also  to  share  in  the 
benefits  arising  from  it ;  and  the  odium  attending  it  will  be 
greatly  effaced  by  the  sanction  which  is  given  to  it  in  the 
General  Government."  -  —  Elliot's  Debates,  vol.  i.  pp.  372- 
375. 

TiieConsti-       Virginia  was  the  tenth  State  to  ratify  the  Constitu- 

tiition  ruti-  J 

y'j'pr'i^ia  tion.  Nowhere  were  the  debates  more  able  and 
thorough  than  there.  It  was  not  till  June  that  the 
Convention  was  held.  The  proceedings  occupy  the 
whole  of  the  third  volume  of  Elliot's  "  Debates." 
George  Mason,  Patrick  Henry,  and  James  Madison 
were  among  the  most  important  speakers.  Let  us 
look  at  their  speeches. 

"TUESDAY,  June  15,  1788. 

"  Mr.  GEORGE  MASON.  Mr.  Chairman,  this  is  a  fatal  sec 
tion,  which  has  created  more  dangers  than  any  other.  The 
first  clause  allows  the  importation  of  slaves  for  twenty 


VIRGINIA    CONVENTION.  95 

years.  Under  the  lloyal  Government,  this  evil  was  looked  George 
upon  as  a  great  oppression,  and  many  attempts  were  made 
to  prevent  it;  but  the  interest  of  the  African  merchants 
prevented  its  prohibition.  No  sooner  did  the  Revolution 
take  place  than  it  was  thought  of.  It  was  one  of  the  great 
causes  of  our  separation  from  Great  Britain.  Its  exclusion 
has  been  a  principal  object  of  this  State,  and  most  of  the 
States  in  the  Union.  The  augmentation  of  slaves  weakens 
the  States ;  and  such  a  trade  is  diabolical  in  itself,  and  dis 
graceful  to  mankind :  yet,  by  this  Constitution,  it  is  contin 
ued  for  twenty  years.  As  much  as  I  value  a  union  of  all 
the  States,  J  would  not  admit  the  Southern  States  into  the 
Union,  unless  they  agree  to  the  discontinuance  of  this  dis 
graceful  trade,  because  it  icould  bring  iceakncss,  and  not 
strength,  to  the  Union.  And,  though  this  infamous  traffic  be 
continued,  we  have  no  security  for  the  property  of  that 
kind  which  we  have  already.  There  is  no  clause  in  this 
Constitution  to  secure  it ;  for  they  may  lay  such  a  tax  as 
will  amount  to  manumission.  And  should  the  Government 
be  amended,  still  this  detestable  kind  of  commerce  can 
not  be  discontinued  till  after  the  expiration  of  twenty  years  ; 
for  the  fifth  article,  which  provides  for  amendments,  ex 
pressly  excepts  this  clause.  I  have  ever  looked  upon  this  as 
a  most  disgraceful  thing  to  America.  I  cannot  express  my 
detestation  of  it.  Yet  they  have  not  secured  us  the  pro 
perty  of  the  slaves  we  have  already :  so  that  '  they  have 
done  what  they  ought  not  to  have  done,  and  have  left 
undone  what  they  ought  to  have  done.' 

"  Mr.  MADISON.  Mr.  Chairman,  I  should  conceive  this  Jnmcs 
clause  to  be  impolitic,  if  it  were  one  of  those  tilings  which 
could  be  excluded  without  encountering  greater  evils.  The 
Southern  States  would  not  have  entered  into  the  Union  of 
America,  without  the  temporary  permission  of  that  trade  ; 
and,  if  they  were  excluded  from  the  Union,  the  conse 
quences  might  be  dreadful  to  them  and  to  us.  We  are  not 
in  a  worse  situation  than  before.  That  traffic  is  prohibited 


9G  HISTORICAL    RESEARCH. 

James  by  our  laws,  and  we  may  continue  the  prohibition.  The 
Union  in  general  is  not  in  a  worse  situation.  Under  the 
Articles  of  Confederation,  it  might  be  continued  for  ever ; 
but,  by  this  clause,  an  end  may  be  put  to  it  after  twenty 
years.  There  is,  therefore,  an  amelioration  of  our  circum 
stances.  A  tax  may  be  laid  in  the  mean  time :  but  it  is 
limited  ;  otherwise  Congress  might  lay  such  a  tax  as  would 
amount  to  a  prohibition.  From  the  mode  of  representation 
and  taxation,  Congress  cannot  lay  such  a  tax  on  slaves  as 
will  amount  to  manumission.  Another  clause  secures  us 
that  property  which  we  now  possess.  At  present,  if  any 
slave  elopes  to  any  of  those  States  where  slaves  are  free, 
he  becomes  emancipated  by  their  laws;  for  the  laws  of  the 
States  are  uncharitable  to  one  another  in  this  respect.  But, 
in  this  Constitution,  '  no  person  held  to  service  or  labor  in 
one  State,  under  the  laws  thereof,  escaping  into  another, 
shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor  ;  but  shall  be  deliv 
ered  up  on  claim  of  the  party  to  whom  such  service  or 
labor  shall  be  due.'  This  clause  was  expressly  inserted  to 
enable  owners  of  slaves  to  reclaim  them. 

"  This  is  a  better  security  than  any  that  now  exists.  No 
power  is  given  to  the  General  Government  to  interpose 
with  respect  to  the  property  in  slaves  now  held  by  the 
States.  The  taxation  of  this  State  being  equal  only  to  its 
representation,  such  a  tax  cannot  be  laid  as  he  supposes. 
They  cannot  prevent  the  importation  of  slaves  for  twenty 
years;  but,  after  that  period,  they  can.  The  gentlemen 
from  South  Carolina  and  Georgia  argued  in  this  manner  : 
'  We  have  now  liberty  to  import  this  species  of  property  ; 
and  much  of  the  property  now  possessed  had  been  pur 
chased,  or  otherwise  acquired,  in  contemplation  of  improv 
ing  it  by  the  assistance  of  imported  slaves.  What  would 
be  the  consequence  of  hindering  us  from  it?  The  slaves 
of  Virginia  would  rise  in  value,  and  we  should  be  obliged 
to  go  to  your  markets.'  I  need  not  expatiate  on  this  sub- 


VIRGINIA    CONVENTION.  97 

jcct.     Great  as  the  evil  is,  a  dismemberment  of  the  Union  -Tames 
would  be  worse.     If  those  States  should  disunite  from  the 
other  States  for  not  indulging  them  in  the  temporary  con 
tinuance  of  this  traffic,  they  might  solicit  and  obtain  aid 
from  foreign  powers. 

"  Mr.  TYLER  warmly  enlarged  on  the  impolicy,  iniquity,  John 
and  digracefulness  of  this  wicked  traffic.  He  thought  the  }  ° 
reasons  urged  by  gentlemen  in  defence  of  it  were  incon 
clusive  and  ill-founded.  It  was  one  cause  of  the  complaints 
against  British  tyranny,  that  this  trade  was  permitted.  The 
Revolution  had  put  a  period  to  it;  but  now  it  was  to  be 
revived.  He  thought  nothing  could  justify  it.  This  tem 
porary  restriction  on  Congress  militated,  in  his  opinion, 
against  the  arguments  of  gentlemen  on  the  other  side,  that 
what  was  not  given  up  was  retained  by  the  States ;  for 
that,  if  this  restriction  had  not  been  inserted,  Congress 
could  have  prohibited  the  African  trade.  The  power  of 
prohibiting  it  was  not  expressly  delegated  to  them ;  yet 
they  would  have  had  it  by  implication,  if  this  restraint  had 
not  been  provided.  This  seemed  to  him  to  demonstrate 
most  clearly  the  necessity  of  restraining  them,  by  a  Bill  of 
Rights,  from  infringing  our  unalienable  rights.  It  was  im 
material  whether  the  Bill  of  Rights  was  by  itself,  or  included 
in  the  Constitution.  But  he  contended  for  it  one  way  or 
the  other.  It  would  be  justified  by  our  own  example  and 
that  of  England.  His  earnest  desire  was,  that  ife  should  be 
handed  down  to  posterity  that  he  had  opposed  this  wicked 
clause."  —  Elliot's  Debates,  vol.  iii.  pp.  452-454. 

Patrick  Henry  was  the  most  distinguished  opponent 
of  the  Federal  Constitution  in  the  whole  country. 
He  had  been  appointed  a  delegate  to  the  Convention 
at  Philadelphia,  but  declined  to  attend.  In  the  Vir 
ginia  State  Convention  he  persistently  endeavored  to 
defeat  its  adoption.  When  he  found  his  efforts 

13 


98  HISTOPJCAL    KESEARCH. 

unsuccessful,  like  a  true  patriot,  he  ceased  his  oppo 
sition.  Although  he  detested  slavery,  he  was  un 
willing  to  grant  to  the  United-States  Congress  the 
power  of  abolishing  it  without  the  consent  of  the 
States.  This  power  he  thought  he  saw  in  the  Con 
stitution,  though  not  directly  expressed  in  its  lan- 


Patrick  it  Among  ten  thousand  implied  powers  which  they  may 
assume,  they  may,  if  we  be  engaged  in  Avar,  liberate  every 
one  of  your  slaves,  if  they  please  ;  and  this  must  and  will 
be  done  by  men,  a  majority  of  whom  have  not  a  common 
interest  with  you.  They  will,  therefore,  have  no  feeling 
of  your  interests.  It  has  been  repeatedly  said  here,  that 
the  great  object  of  a  National  Government  was  national 
defence.  That  power  which  is  said  to  be  intended  for 
security  and  safety  may  be  rendered  detestable  and  op 
pressive.  If  they  give  power  to  the  General  Government 
to  provide  for  the  general  defence,  the  means  must  be  com 
mensurate  to  the  end.  All  the  means  in  the  possession  of 
the  people  must  be  given  to  the  Government  which  is  in 
trusted  with  the  public  defence.  In  this  State,  there  are 
23G,000  blacks,  and  there  are  many  in  several  other  States  : 
but  there  are  few  or  none  in  the  Northern  States  ;  and  yet, 
if  the  Northern  States  shall  be  of  opinion  that  our  slaves 
are  numberless,  they  may  call  forth  every  national  resource. 
May  Congress  not  say  that  every  black  man  must  jigld? 
Did  we  not  see  a  little  of  this  last  war  ?  We  were  not 
so  hard  pushed  as  to  make  emancipation  general  ;  but  acts 
of  Assembly  passed,  that  every  slave  who  would  go  to 
the  army  should  be  free.  Another  thing  will  contribute 
to  bring  this  event  about:  slavery  is  detested;  we  feel  its 
fatal  effects  ;  we  deplore  it  with  all  the  pity  of  humanity. 
Let  all  these  considerations,  at  some  future  period,  press 
with  full  force  on  the  minds  of  Congress,  —  let  that  ur- 


VIRGINIA    CONVENTION.  99 

banity,  which  I  trust  will  distinguish  America,  and  the  Patrick 
necessity  of  national  defence,  —  let  all  these  things  operate 
on  their  minds  :  they  will  search  that  paper,  and  see  if  they 
have  power  of  manumission.  And  have  they  not,  Sir? 
Have  they  not  power  to  provide  for  the  general  defence 
and  welfare?  May  they  not  think  that  these  call  for  the 
abolition  of  slavery?  May  they  not  pronounce  all  slaves 
free  ?  and  will  they  not  be  warranted  by  that  power?  This 
is  no  ambiguous  implication  or  logical  deduction.  The 
paper  speaks  to  the  point.  They  have  the  power,  in  clear, 
unequivocal  terms,  and  will  clearly  and  certainly  exercise 
it.  As  much  as  I  deplore  slavery,  I  see  that  prudence  for 
bids  its  abolition.  .1  deny  that  the  General  Government 
ought  to  set  them  free,  because  a  decided  majority  of  the 
States  have  not  the  ties  of  sympathy  and  fellow-feeling  for 
those  whose  interest  would  be  affected  by  their  emancipa 
tion.  The  majority  of  Congress  is  to  the  North,  and  the 
slaves  are  to  the  South."-  —  Elliot's  Debates,  vol.  iii.  pp. 
589,  590. 

Governor  Randolph  had  been  a  member  of  the 
Federal  Convention ;  but  he  had  refused  to  sign  the 
Constitution,  wishing  to  be  left  free  to  oppose  or  to 
advocate  its  adoption  when  it  came  before  his  State 
for  consideration.  He  afterwards,  however,  saw,  that 
on  the  ratification  of  the  Constitution  hung  all  hopes 
of  preserving  the  Union,  and  he  now  gave  it  his  hearty 
support.  He  thus  replied  to  Mr.  Henry :  — 

"  That  honorable  gentleman,  and  some  others,  have  in-  Edmund 
sisted  that  the  abolition  of  slavery  will  result  from  it,  and  KandolPh- 
at  the  same  time  have  complained  that  it  encourages  its 
continuation.     The  inconsistency  proves,  in  some  degree, 
the  futility  of  their  arguments.     But,  if  it  be  not  conclu 
sive  to  satisfy  the  committee  that  there  is  no  danger  of 


100  HISTORICAL    RESEARCH. 

Kdmund  enfranchisement  taking  place,  I  beg  leave  to  refer  them 
to  the  paper  itself.  I  hope  that  there  is  none  here,  who, 
considering  the  subject  in  the  calm  light  of  philosophy, 
will  advance  an  objection  dishonorable  to  Virginia,  —  that, 
at  the  moment  they  are  securing  the  rights  of  their  citizens, 
an  objection  is  started  that  there  is  a  spark  of  hope  that  those 
unfortunate  men  now  held  in  bondage  may,  l>y  the  operation 
of  the  General  Government,  be  made  free.  But,  if  any  gen 
tleman  be  terrified  by  this  apprehension,  let  him  read  the 
system.  I  ask,  and  I  will  ask  again  and  again,  till  I  be 
answered  (not  by  declamation),  Where  is  the  part  that  has 
a  tendency  to  the  abolition  of  slavery  ?  Is  it  the  clause 
which  says  that  '  the  migration  or  importation  of  such 
persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit  shall  not  be  prohibited  by  Congress  prior 
to  the  year  1808'?  This  is  an  exception  from  the  power 
of  regulating  commerce,  and  the  restriction  is  only  to  con 
tinue  till  1808.  Then  Congress  can,  by  the  exercise  of 
that  power,  prevent  future  importations.  But  docs  it 
ailect  the  existing  state  of  slavery  ?  Were  it  right  here 
to  mention  what  passed  in  convention  on  the  occasion,  I 
might  tell  you  that  the  Southern  States,  even  South  Carolina 
herself,  conceived  this  property  to  be  secure  by  these  words. 
I  believe,  whatever  we  may  think  here,  that  there  was  not 
a  member  of  the  Virginia  delegation  who  had  the  smallest 
suspicion  of  the  abolition  of  slavery.  Go  to  their  meaning. 
Point  out  the  clause  where  this  formidable  power  of  eman 
cipation  is  inserted."  —Elliot's  Debates,  vol.  iii.  pp.  598, 
599. 

In  Xorth  Carolina,  a  Convention,  "  for  the  purpose 
of  deliberating  and  determining  on  the  proposed 
Constitution,"  was  called  by  the  Legislature.  It  as 
sembled  in  Hillsborough  on  the  21st  of  July,  1788  ; 
and  continued  its  session  till  Aug.  2d,  when  it  adjourned 
without  either  adopting  or  rejecting  the  Constitution. 


NORTH-CAROLINA    CONVENTION.  101 

A  few  extracts  from  the  debates  will  show  how 
slavery  was  regarded  in  its  connection  with  the  Fede 
ral  Constitution. 

"  Mr.  DAVIE.  .  .  .  The  gentleman  '  does  not  wish  to  wniiam  R 
be  represented  with  negroes.'  This,  Sir,  is  an  unhappy 
species  of  population  ;  but  we  cannot  at  present  alter  their 
situation.  The  Eastern  States  had  great  jealousies  on  this 
subject.  They  insisted  that  their  cows  and  horses  were 
equally  entitled  to  representation ;  that  the  one  was  prop 
erty  as  well  as  the  other.  It  became  our  duty,  on  the 
other  hand,  to  acquire  as  much  weight  as  possible  in  the 
legislation  of  the  Union ;  and,  as  the  Northern  States  were 
more  populous  in  whites,  this  only  could  be  done  by  insist 
ing  that  a  certain  proportion  of  our  slaves  should  make  a 
part  of  the  computed  population.  It  was  attempted  to 
form  a  rule  of  representation  from  a  compound  ratio  of 
wealth  and  population :  but,  on  consideration,  it  was  found 
impracticable  to  determine  the  comparative  value  of  lands 
and  other  property,  in  so  extensive  a  territory,  with  any 
degree  of  accuracy ;  and  population  alone  was  adopted  as 
the  only  practicable  rule  or  criterion  of  representation. 
It  was  urged  by  the  deputies  of  the  Eastern  States,  that  a 
representation  of  two-fifths  would  be  of  little  utility,  and 
that  their  entire  representation  would  be  unequal  and  bur 
densome  ;  that,  in  a  time  of  war,  slaves  rendered  a  coun 
try  more  vulnerable,  while  its  defence  devolved  upon  its 
free  inhabitants.  On  the  other  hand,  we  insisted,  that,  in 
time  of  peace,  they  contributed,  by  their  labor,  to  the  gene 
ral  wealth,  as  well  as  other  members  of  the  community ; 
that,  as  rational  beings,  they  had  a  right  of  representation, 
and,  in  some  instances,  might  be  highly  useful  in  war.  On 
these  principles,  the  Eastern  States  gave  the  matter  up,  and 
consented  to  the  regulation  as  it  has  been  read.  I  hope 
these  reasons  will  appear  satisfactory." — Elliot's  Debates, 
vol.  iv.  p.  30,  31. 


10:2  HISTORICAL    RESEARCH. 

When  the  ninth  section  was  under  discussion,  Mr. 
M 'Do wall  wished  to  hear  the  reasons  of  the  restric 
tion  on  Congress  in  regard  to  prohibiting  the  impor 
tation  of  slaves  before  the  year  1808. 

D.  "  Mr.  SPAIGHT  answered,  that  there  was  a  contest  between 
the  Northern  and  Southern  States;  that  the  Southern  States, 
whose  principal  support  depended  on  the  labor  of  slaves, 
would  not  consent  to  the  desire  of  the  Northern  States  to 
exclude  the  importation  of  slaves  absolutely ;  that  South 
Carolina  and  Georgia  insisted  on  this  clause,  as  they  were 
now  in  want  of  hands  to  cultivate  their  lands ;  that,  in  the 
course  of  twenty  years,  they  would  be  fully  supplied  ;  that 
the  trade  would  be  abolished  then ;  and  that,  in  the  mean 
time,  some  tax  or  duty  might  be  laid  on. 

Joseph  "  Mr.  M'DowALL  replied,  that  the   explanation  -\vas  just 

such  as  he  expected,  and  by  no  means  satisfactory  to  him ; 
arid  that  he  looked  upon  it  as  a  very  objectionable  part  of 
the  system. 

James  "  Mr.  IREDELL.     Mr.  Chairman,  I  rise  to  express  senti 

ments  similar  to  those  of  the  gentleman  from  Craven.  For 
my  part,  were  it  practicable  to  put  an  end  to  the  importa 
tion  of  slaves  immediately,  it  would  give  me  the  greatest 
pleasure  ;  for  it  certainly  is  a  trade  utterly  inconsistent 
with  the  rights  of  humanity,  and  under  which  great  cruel 
ties  have  been  exercised.  When  the  entire  abolition  of 
slavery  takes  place,  it  will  be  an  event  which  must  be 
pleasing  to  every  generous  mind  and  every  friend  of  human 
nature ;  but  we  often  wish  for  things  which  are  not 
attainable.  It  ivas  the  ivisli  of  a  great  majority  of  the 
Convention  to  put  an  end  to  the  trade  immediately  ;  but 
the  States  of  South  Carolina  and  Georgia  would  not  agree 
to  it.  Consider,  then,  what  would  be  the  difference  between 
our  present  situation  in  this  respect,  if  we  do  not  agree  to 
the  Constitution,  and  what  it  will  be  if  we  do  agree  to  it. 
If  we  do  not  agree  to  it,  do  we  remedy  the  evil  ?  No,  Sir  : 


NORTH-CAROLINA    CONVENTION.  103 

we  do  not :   for.  if  the  Constitution  be  not  adopted,  it  will 

.      ,.  Iredell. 

be  in  the  power  of  every  State  to  continue  it  tor  ever. 
They  may  or  may  not  abolish  it  at  their  discretion.  But, 
if  we  adopt  the  Constitution,  the  trade  must  cease  after 
twenty  years,  if  Congress  declare  so,  whether  particular 
States  please  so  or  not :  surely,  then,  we  can  gain  by  it. 
This  was  the  the  utmost  that  could  be  obtained.  I  heartily 
wish  more  could  have  been  done ;  but,  as  it  is,  this  Gov 
ernment  is  nobly  distinguished  above  others  by  that  very 
provision.  Where  is  there  another  country  in  which  such 
a  restriction  prevails  ?  We  therefore,  Sir,  set  an  example 
of  humanity,  by  providing  for  the  abolition  of  this  inhuman 
traffic,  though  at  a  distant  period.  I  hope,  therefore,  that 
this  part  of  the  Constitution  will  not  be  condemned  because 
it  has  not  stipulated  for  what  was  impracticable  to  ob 
tain. 

"  Mr.  GALLOWAY.  Mr.  Chairman,  the  explanation  given  James 
to  this  clause  does  not  satisfy  my  mind.  I  wish  to  see  this 
abominable  trade  put  an  end  to.  But  in  case  it  be  thought 
proper  to  continue  this  abominable  traffic  for  twenty  years, 
yet  I  do  not  wish  to  see  the  tax  on  the  importation  extend 
ed  to  all  persons  whatsoever.  Our  situation  is  different 
from  the  people  to  the  North.  We  want  citizens :  they  do 
not.  Instead  of  laying  a  tax,  we  ought  to  give  a  bounty 
to  encourage  foreigners  to  come  among  us.  With  respect 
to  the  abolition  of  slavery,  it  requires  the  utmost  consider 
ation.  The  property  of  the  Southern  States  consists 
principally  of  slaves.  If  they  mean  to  do  away  slavery 
altogether,  this  property  will  be  destroyed.  I  apprehend 
it  means  to  bring  forward  manumission.  If  we  must  manu 
mit  our  slaves,  what  country  shall  we  send  them  to  ?  It 
is  impossible  for  us  to  be  happy,  if,  after  manumission, 
they  are  to  stay  among  us. 

"  Mr.    IREDELL There    is    another    circumstance  James 

to  be  observed.     There  is  no  authority  vested  in  Congress 


104  HISTORICAL    RESEARCH. 

to  restrain  the  States,  in  the  interval  of  twenty  years,  from 
doing  what  they  please.  If  they  wish  to  prohibit  such 
importation,  they  may  do  so.'7  —  Elliot's  Debates,  vol.  iv. 
pp.  100-102. 

In  South  Carolina,  the  Constitution  was  discussed 
in  the  Legislature  before  the  Convention  was  called. 
Two  or  three  extracts  from  the  speeches  made  before 
that  body  will  end  these  specimens  of  the  Debates. 

Riiwiins  "  Mr.  LOWXDES  remarked,  that  we  had  a  law  prohibit 

ing  the  importation  of  negroes  for  three  years, — a  law  he 
greatly  approved  of;  but  there  was  no  reason  offered  why 
the  Southern  States  might  not  find  it  necessary  to  alter 
their  conduct,  and  open  their  ports.  Without  negroes,  this 
State  would  degenerate  into  one,  of  the  most  contemptible  in  the 
Union;  and  he  cited  an  expression  that  fell  from  General 
Pinckney  on  a  former  debate,  that,  whilst  there  remained 
one  acre  of  swamp-land  in  South  Carolina,  he  should  raise 
his  voice  against  restricting  the  importation  of  negroes. 
Even  in  granting  the  importation  for  twenty  years,  care 
had  been  taken  to  make  us  pay  for  this  indulgence  ;  each 
negro  being  liable,  on  importation,  to  pay  a  duty  not  ex 
ceeding  ten  dollars  ;  and,  in  addition  to  this,  they  were 
liable  to  a  capitation  tax.  Negroes  were  our  wealth,  our 
only  natural  resource  ;  yet  behold  how  our  kind  friends  in 
the  North  were  determined  soon  to  tie  up  our  hands,  and 
drain  us  of  what  we  had  !  The  Eastern  States  drew  their 
means  of  subsistence,  in  a  great  measure,  from  their  ship 
ping  ;  and,  on  that  head,  they  had  been  particularly  careful 
not  to  allow  of  any  burdens.  They  were  not  to  pay  tonnage 
or  duties  ;  no,  not  even  the  form  of  clearing  out :  all  ports 
were  free  and  open  to  them  !  Why,  then,  call  this  a  recip 
rocal  bargain,  which  took  all  from  one  party,  to  bestow  it 
on  the  other?"  -Elliot's  Debates,  vol.  iv.  pp.  272,  273. 


SOUTH-CAROLINA    LEGISLATURE.  105 

General  Charles  Cotesworth  Pinckney  had  been  a 
member  of  the  Federal  Convention,  and  was  an  ear 
nest  and  able  supporter  of  the  rights  of  the  State  he 
represented.  He  was  undoubtedly  sincere  in  his 
belief  that  he  had  made  for  his  constituents  pretty 
good  terms  in  regard  to  their  special  interests,  and 
that  they  ought  to  be  satisfied  with  the  Constitution, 
and  vote  for  its  adoption. 

"  You  have  so  frequently  heard  my  sentiments  on  this  Gen.  c.  c. 
subject,  that  I  need  not  now  repeat  them.  It  was  alleged 
by  some  of  the  members  who  opposed  an  unlimited  impor 
tation,  that  slaves  increased  the  weakness  of  any  State  who 
admitted  them ;  that  they  were  a  dangerous  species  of 
property,  which  an  invading  enemy  could  easily  turn 
against  ourselves  and  the  neighboring  States ;  and  that,  as 
we  were  allowed  a  representation  for  them  in  the  House  of 
Representatives,  our  influence  in  government  would  be 
increased  in  proportion  as  we  were  less  able  to  defend  our 
selves.  '  Show  some  period/  said  the  members  from  the 
Eastern  States,  '  when  it  may  be  in  our  power  to  put  a  stop, 
if  we  please,  to  the  importation  of  this  weakness,  and  wo 
will  endeavor,  for  your  convenience,  to  restrain  the  reli 
gious  and  political  prejudices  of  our  people  on  this  subject.' 
The  Middle  States  and  Virginia  made  us  no  such  proposi 
tion  :  they  were  for  an  immediate  and  total  prohibition. 
We  endeavored  to  obviate  the  objections  that  were  made, 
in  the  best  manner  we  could,  and  assigned  reasons  for  our 
insisting  on  the  importation;  which  there  is  no  occasion  to 
repeat,  as  they  must  occur  to  every  gentleman  in  the 
house.  A  Committee  of  the  States  was  appointed,  in  order 
to  accommodate  this  matter;  and,  after  a  great  deal  of 
difficulty,  it  was  settled  on  the  footing  recited  in  the  Con 
stitution. 

"  By  this  settlement,  we  have  secured  an  unlimited  im- 

14 


10G 


HISTORICAL    RESEARCH. 


Gen.  C.  C. 
Phickiiey. 


Doctor 
Hamsiiy. 


portation  of  negroes  for  twenty  years.  Nor  is  it  declared 
that  the  importation  shall  be  then  stopped:  it  may  be 
continued.  We  have  a  security  that  the  General  Govern 
ment  can  never  emancipate  them ;  for  no  such  authority  is 
granted :  and  it  is  admitted,  on  all  hands,  that  the  General 
Government  has  no  powers  but  what  are  expressly  grant 
ed  by  the  Constitution,  and  that  all  rights  not  expressed 
were  reserved  by  the  several  States.  We  have  obtained  a 
ri°'ht  to  recover  our  slaves  in  whatever  part  of  America 
they  may  take  refuge  ;  which  is  a  right  we  had  not  before. 
In  short,  considering  all  circumstances,  we  have  made  the 
best  terms  for  the  security  of  this  species  of  property  it 
was  in  our  power  to  make.  We  would  have  made  better, 
if  we  could ;  but,  on  the  whole,  I  do  not  think  them 
bad."  —  Elliot's  Debates,  vol.  iv.  pp.  285,  28G. 

Outside,  also,  of  the  State  Conventions,  opinions  in 
regard  to  the  effect  of  the  Federal  Constitution  on 
slavery  were  divided.  Two  letters,  written  on  the  same 
day,  in  different  parts  of  the  country,  by  persons  of 
high  character  and  great  influence  in  their  respective 
States,  will  exhibit  these  differing  views. 

Dr.  Ramsay,  the  historian  of  South  Carolina,  in  a 
letter  to  General  Lincoln,  dated  Charleston,  Jan.  29, 
1788,  says, — 

"  Our  Assembly  is  now  sitting,  and  have  unanimously 
agreed  to  hold  a  convention.  By  common  consent,  the 
merits  of  the  Federal  Constitution  were  freely  discussed 
on  that  occasion,  for  the  sake  of  enlightening  our  citizens. 
Mr.  [Rawlins]  Lowndes  was  the  only  man  who  made  direct, 
formal  opposition  to  it.  His  objections  were  local,  and 
proceeded  from  an  illiberal  jealousy  of  New-England  men. 
He  urged  that  you  would  raise  freights  on  us,  and,  in 
short,  that  you  were  too  cunning  for  our  honest  people  : 


OPINIONS   RESPECTING   THE    CONSTITUTION.  107 

that  your  end  of  the  Continent  would  rule  the  other ;  and  Doctor 
that  the  sun  of  our  glory  would  set  when  the  new  Consti 
tution  operated.  He  has  not  one  Federal  idea  in  his  Lead. 
He  is  said  to  be  honest,  and  free  from  debt :  but  he  was 
an  enemy  to  independence  ;  and,  though  our  President  in 
1778,  he  was  a  British  subject  in  1780.  His  taking  pro 
tection  was  rather  the  passive  act  of  an  old  man  than 
otherwise.  He  never  aided  or  abetted  the  British  Govern 
ment  directly  ;  but  his  example  was  mischievous.  His  op 
position  has  poisoned  the  minds  of  some. 

"  I  fear  the  numerous  class  of  debtors  more  than  any 
other.  On  the  whole,  I  have  no  doubt  the  Constitution 
will  be  accepted  by  a  very  great  majority  in  this  State. 
The  sentiments  of  our  leading  men  are,  of  late,  much  more 
Federal  than  formerly.  This  honest  sentiment  was  avowed 
by  the  first  characters :  l  New  England  has  lost,  and  we 
have  gained,  by  the  war ;  and  her  suffering  citizens  ought 
to  be  our  carriers,  though  a  dearer  freight  should  be  the 
consequence.'  Your  delegates  never  did  a  more  politic 
thing  than  in  standing  by  those  of  South  Carolina  about 
negroes.  Virginia  deserted  them,  and  was  for  an  imme 
diate  stoppage  of  further  importation.  .The  [Old]  Do 
minion  has  lost  much  popularity  by  the  conduct  of  her 
delegates  on  this  head.  The  language  now  is,  '  The  East 
ern  States  can  soonest  help  us  in  case  of  invasion;  and  it  is 
more  our  interest  to  encourage  them  and  their  shipping 
than  to  join  with  or  look  up  to  Virginia.' 

"  In  short,  Sir,  a  revolution  highly  favorable  to  union 
has  taken  place :  Federalism,  and  liberality  of  sentiment, 
have  gained  great  ground.  Mr.  Lowndes  still  thinks  you 
are  a  set  of  sharpers,  and  does  not  wonder  that  you  are  for 
the  new  Constitution  ;  as,  in  his  opinion,  you  will  have  all 
the  advantage.  He  thinks  you  begrudge  us  our  negroes. 
But  he  is  almost  alone."  -—  Bowen's  Life  of  Gen.  Lincoln, 
(Sharks' 's  Amer.  Uiotjr.,  2d  Series,  vol.  xiii.,)  pp.  410-412. 


108  HISTORICAL    RESEARCH. 

In  a  letter  to  Dr.  Hart  of  Preston,  dated  29th  Jan 
uary,  1788,  the  Rev.  Dr.  Hopkins  of  Newport,  11. 1., 
writes  thus :  — 

Rev.  Dr.  "  The  new  Constitution,  you  observe,  guarantees  this 
trade  for  twenty  years.  I  fear,  if  it  be  adopted,  this  will 
prove  an  Achan  in  our  camp.  How  does  it  appear  in  the 
sight  of  Heaven  and  of  all  good  men,  well  informed,  that 
these  States,  who  have  been  fighting  for  liberty,  and  consi 
der  themselves  as  the  highest  and  most  noble  example  of 
zeal  for  it,  cannot  agree  in  any  political  Constitution,  unless 
it  indulge  and  authorize  them  to  enslave  their  fellow-men  ! 
I  think  if  this  Constitution  be  not  adopted  as  it  is,  without 
any  alteration,  we  shall  have  none,  and  shall  be  in  a  state 
of  anarchy,  and  probably  of  civil  war.  Therefore  I  wish 
to  have  it  adopted ;  but  still,  as  I  said,  1  fear.  And  per 
haps  civil  war  will  not  be  avoided,  if  it  be  adopted.  Ah  ! 
these  unclean  spirits,  like  frogs, —  they,  like  the  Furies  of 
the  poets,  are  spreading  discord,  and  exciting  men  to  con 
tention  and  war,  wherever  they  go ;  and  they  can  spoil  the 
best  Constitution  that  can  be  formed.  When  Congress 
shall  be  formed  on  the  new  plan,  these  frogs  will  be  there ; 
for  they  go  forth  to  the  kings  of  the  earth,  in  the  first  place. 
They  will  turn  the  members  of  that  august  body  into  devils, 
so  far  as  they  are  permitted  to  influence  them.  Have  they 
not  already  got  possession  of  most  of  the  men  who  will  or 
can  be  chosen  and  appointed  to  a  place  in  that  assembly  ? 
I  suppose  that  even  good  Christians  are  not  out  of  the  reach 
of  influence  from  these  frogs.  '  Blessed  is  he  that  watcheth 
and  keepeth  his  garments.'  "  -  Park's  Memoir  of  Hopkins, 
pp.  158,  159. 

I  have  thus  attempted  to  give  a  fair  representation 
of  the  different  shades  of  opinion  on  the  Constitution 
in  its  relations  to  slavery,  as  expressed  by  the  leading 
statesmen  at  the  North  and  at  the  South.  In  the  ample 


PURPOSE  OF  THE  CONSTITUTION.  109 

extracts  from  the  Debates  which  have  been  presented, 
an  apparent  lack  of  harmony  may  be  discovered 
among  the  arguments  used  in  various  parts  of  the 
country,  whether  in  urging  its  adoption  or  its  rejec 
tion.  With  an  earnest  zeal  to  secure  for  their  country 
so  great  a  boon  as  a  firmly  established  Constitutional 
Government,  its  advocates  may  have  pressed  a  little 
too  strongly  the  arguments  in  favor  of  the  views  most 
acceptable  to  the  particular  State  which  at  the  time 
had  the  matter  under  consideration.  On  the  other 
hand,  the  opponents  of  the  Constitution  undoubtedly 
exaggerated  the  evils  which,  it  was  supposed,  it  would 
entail  upon  the  States,  and  perhaps  unconsciously 
misrepresented  the  effects  of  the  different  clauses 
referring  to  slavery. 

One  thing  is  certain,  that  whilst  the  delegates  from 
Georgia  and  South  Carolina  asked  only  a  temporary 
toleration  of  the  slave-trade,  and  non-interference  with 
their  local  arrangements  respecting  domestic  slavery, 
(declaring  that,  if  let  alone,  they  might  themselves, 
as  soon  as  it  was  practicable,  stop  the  importation 
of  slaves,)  the  common  sentiment,  in  the  Convention 
and  throughout  the  country,  was,  that  the  letter  and 
the  spirit  of  the  Constitution,  fairly  interpreted  and 
faithfully  applied,  afforded  a  full  guaranty  of  uni 
versal  freedom  throughout  the  Union  at  no  distant 
day.  The  purpose  of  the  Constitution  was  put  into 
the  preamble  in  no  equivocal  language,  and  for  no 
doubtful  purpose.  It  was  "  TO  SECURE  LIBERTY,"  and 
not  to  protect  slavery :  for  liberty  had  been  declared 


110  HISTORICAL    RESEARCH. 

to  be  a  natural,  national,  and  unalienable  right ;  while 
slavery  was  known  to  be  an  unnatural,  sectional,  tem 
porary  evil.  It  was  intended,  that,  under  the  Con 
stitution,  slavery  should,  and  it  was  expected  that  it 
would,  at  no  distant  day,  be  abolished. 

The  distinguished  English  moralist,  Dr.  Palcy, 
published  his  "  Moral  and  Political  Philosophy  "  two 
years  after  our  National  Independence  had  been 
acknowledged.  In  his  chapter  on  Slavery,  he  placed 
permanently  on  record  his  view  of  the  effect  of  the 
principles  promulgated  by  the  American  patriots,  in 
these  words  :  "  The  great  Revolution  which  has  taken 
place  in  the  Western  World  may  probably  conduce 
(and  who  knows  but  that  it  was  designed  ?)  to  accele 
rate  the  fall  of  this  abominable  tyranny." 

Half  a  century  later,  in  the  Senate  of  the  United 
States,  Daniel  Webster,  the  great  defender  of  the 
Constitution,  re-affirmed  the  principles  of  the  Found 
ers  of  the  Republic  in  an  immortal  sentence,  which 
it  would  be  well  for  his  countrymen  now  to  heed. 
It  is  applicable  in  a  broader  sense  than  its  author  on 
that  occasion  intended  :  "  LIBERTY  AND  UNION,  NOW 

AND    FOR    EVER,    ONE    AND    INSEPARABLE." 


II. 

NEGROES    AS    SOLDIERS. 


II. 


NEGROES     AS     SOLDIERS. 


A  QUESTION  of  much  importance  is  presented  to 
our  National  Government  at  this  time,  respecting 
the  employment  of  negroes  as  soldiers.  Those  on 
•whom  devolves  the  responsibility  of  suppressing 
this  monstrous  Rebellion,  must  ultimately,  and  at  no 
distant  day,  decide  the  matter.  In  their  decision,  they 
will  undoubtedly  be  influenced  by  a  regard  to  the 
usage  and  experience,  in  this  respect,  of  those  who 
directed  our  military  affairs  in  the  war  of  Independ 
ence,  as  well  as  by  a  consideration  of  the  probable 
effect  of  their  action  on  our  loyal  soldiers,  and  on  the 
armed  traitors  who  are  arrayed  against  them. 

It  is  not  strange  that  the  President,  on  whom,  more 
than  on  all  others,  rests  the  responsibility  of  taking 
the  final  step  in  this  direction,  should  pause  a  while 
to  consider  the  subject  in  all  its  bearings,  and  to  allow 
public  opinion  to  shape  itself  more  distinctly,  that  his 
decision,  when  made,  shall  have  from  the  Nation  a 
cordial  and  general  support. 

15 


114  HISTORICAL    RESEARCH. 

Public  opinion  heretofore  has  been  divided  on  this 
question.  In  one  direction,  whenever  the  subject  of 
negro  soldiers  is  mentioned,  there  is  an  outcry,  as  if  an 
atrocious  and  unheard-of  policy  were  now  about  to  be 
inaugurated,  —  something  at  variance  with  the  prac 
tice  of  our  Revolutionary  leaders,  and  abhorrent  to 
the  moral  sentiment  and  the  established  usage  of 
civilized  and  Christian  warriors. 

On  the  other  hand,  the  gallant  Governor  of  Rhode 
Island,  a  conservative  of  the  first  degree,  but  con 
vinced  that  there  is  something  more  worthy  of  conser 
vation  than  treacherous  timidity  or  popular  prejudice, 
calls  upon  the  colored  people  of  his  own  patriotic 
State  to  follow  the  example  of  their  fathers  in  the 
war  of  Seventy-six,  and  form  themselves  into  a  regi 
ment,  which  he  proposes,  at  the  proper  time,  to  lead 
to  the  field  in  person  :  — 

"  For  he  to-day  that  sheds  his  blood  with  me 
Shall  be  my  brother:  be  he  ne'er  so  vile, 
This  day  shall  gentle  his  condition." 

To  throw  some  light  from  the  history  of  the  past, 
I  propose,  by  a  reference  to  the  annals  of  the 
American  Revolution  and  a  citation  of  competent 
authorities,  to  exhibit  the  opinions  of  the  patriot 
statesmen  and  soldiers  of  that  period,  and  their  action 
in  regard  to  negroes  as  soldiers,  as  well  as  the  result 
of  their  experiment. 

Two  or  three  incidents  in  the  earliest  conflicts  with 
the  British  troops  will  show  how  little  prejudice 
there  was  against  negroes  at  the  commencement  of 


THE   BOSTON   MASSACRE.  115 

the  war,  and  how  ready  the  citizens  generally  were, 
not  only  to  secure  their  services  as  fellow-soldiers, 
but  to  honor  them  for  their  patriotism  and  valor,  be 
fore  there  had  been  any  specific  legislation  or  any 
particular  policy  on  the  subject  proposed. 

In  the  "  Boston  Gazette,  or  Weekly  Journal,"  of 
Tuesday,  Oct.  2,  1750,  there  was  published  the  fol 
lowing  advertisement :  — 

"  T)  AX-away  from  his  Master  William  Brown  of  Framingham, 
*-^  on  the  30th  of  Sept.  lust,  a  Molatto  Fellow,  about  27  Years 
of  Age,  named  Crispas,  6  Feet  2  Inches  high,  short  cuii'd 
Hair,  his  Knees  nearer  together  than  common  ;  had  on  a  light 
colour'd  Bearskin  Coat,  plain  brown  Fustian  Jacket,  or  brown  all- 
Wool  one,  new  Buckskin  Breeches,  blue  Yarn  Stockings,  and  a 
checked  woolen  Shirt. 

"  Whoever  shall  take  up  said  Run-away,  and  convey  him  to  his 
abovesaid  Master,  shall  have  ten  Pounds,  old  Tenor  Reward, 
and  all  necessary  Charges  paid.  And  all  Masters  of  Vessels  and 
others,  are  hereby  cautioned  against  concealing  or  carrying  off 
said  Servant  on  Penalty  of  the  Law.  Boston,  October  2,  1750." 

The  "  Molatto  Fellow,"  it  seems,  did  not  speedily 
return  to  his  master,  notwithstanding  the  reward 
which  was  offered;  for,  on  the  13th  and  20th  of  No 
vember,  another  advertisement,  similar  to  the  above, 
was  published  in  the  same  Journal. 

The  next  time  that  his  name  appeared  in  a  Boston 
newspaper,  twenty  years  later,  it  was  under  very  dif 
ferent  circumstances.  He  was  no  longer  a  fugitive 
slave,  but  a  hero  and  a  martyr. 

The  Boston  Massacre,   March   5,    1770,    may   be  £osto" 

•  Massacre, 

regarded  as  the  first  act  in  the  drama  of  the  Amcri-  ^'Odl  5) 


11G  HISTORICAL    RESEARCH. 

Boston        can  Revolution.     "  From  that  moment,"  said  Daniel 

M;iss;\cro, 

March  o,  ^Yebstcr,  "we  may  date  the  severance  of  the  British 
Empire."  The  presence  of  the  British  soldiers  in 
King  Street  excited  the  patriotic  indignation  of  the 
people.  The  whole  community  was  stirred,  and  sage 
counsellors  were  deliberating  and  writing  and  talk 
ing  about  the  public  grievances.  But  it  was  not 
for  "  the  wise  and  prudent "  to  be  the  first  to  act 
against  the  encroachments  of  arbitrary  power.  "  A 
motley  rabble  of  saucy  boys,  negroes  and  mulat- 
tocs,  Irish  Teagucs,  and  outlandish  Jack  tars,"  (as 
John  Adams  described  them  in  his  plea  in  defence 
of  the  soldiers,)  could  not  restrain  their  emotion,  or 
stop  to  inquire  if  what  they  must  do  was  according 
to  the  letter  of  any  law.  Led  by  Crispus  Attucks, 
the  mulatto  slave,  and  shouting,  "  The  way  to  get 
rid  of  these  soldiers  is  to  attack  the  main  guard  ; 
strike  at  the  root;  this  is  the  nest,"  with  more  valor 
than  discretion  they  rushed  to  King  Street,  and  were 
fired  upon  by  Captain  Preston's  Company.  Crispus 
Attucks  was  the  first  to  fall :  he  and  Samuel  Gray 
and  Jonas  Caldwell  were  killed  on  the  spot.  Samuel 
Maverick  and  Patrick  Carr  were  mortally  wounded. 

The  excitement  which  followed  was  intense.  The 
bells  of  the  town  W7ere  rung.  An  impromptu  town- 
meeting  was  held,  and  an  immense  assembly  was 


gathered. 


Funeral 
of  the 


Three  days  after,  on  the  8th,  a  public  funeral  of 
"1;llt-vis-  the  martyrs  took  place.     The  shops  in  Boston  were 
closed ;  and  all  the  bells  of  Boston  and  the  neighbor- 


THE   BOSTON   MASSACRE.  117 

ing  towns  were  rung.  It  is  said  that  a  greater  JJ1^™1 
number  of  persons  assembled  on  this  occasion  than  martJTS- 
were  ever  before  gathered  on  this  continent  for  a 
similar  purpose.  The  body  of  Crispus  Attucks,  the 
mulatto  slave,  had  been  placed  in  Faneuil  Hall,  with 
that  of  Caldwell ;  both  being  strangers  in  the  city. 
Maverick  was  buried  from  his  mother's  house  in 
Union  Street ;  and  Gray,  from  his  brother's  in  Royal 
Exchange  Lane.  The  four  hearses  formed  a  junction 
in  King  Street ;  and  there  the  procession  marched  in 
columns  six  deep,  with  a  long  file  of  coaches  belong 
ing  to  the  most  distinguished  citizens,  to  the  Middle 
Burying-ground,  where  the  four  victims  were  deposited 
in  one  grave ;  over  which  a  stone  was  placed  with 
this  inscription :  — 

"  Long  as  in  Freedom's  cause  the  wise  contend, 
Dear  to  your  country  shall  your  fame  extend ; 
While  to  the  world  the  lettered  stone  shall  tell 
Where  Caldwell,  Attucks,  Gray,  and  Maverick  fell." 

The  anniversary  of  this  event  was  publicly  com 
memorated  in  Boston  by  an  oration  and  other  exer 
cises  every  year  until  after  our  national  Independence 
was  achieved,  when  the  Fourth  of  July  was  substituted 
for  the  Fifth  of  March  as  the  more  proper  day  for  a 
general  celebration.  Not  only  was  the  event  com 
memorated,  but  the  martyrs  wiio  then  gave  up  their 
lives  were  remembered  and  honored.  Dr.  Joseph 
Warren,  in  his  Oration  in  March,  1775,  only  two 
months  before  he  showed  the  sincerity  of  his  senti 
ments  by  sealing  them  with  his  own  precious  blood, 


118 


HISTORICAL    RESEARCH. 


Joseph 
Warren. 


1775 

17th  June. 
Battle  of 
Bunker 
Hill. 


Peter 
Salem. 


gave  utterance  to  the  following  bold  and  timely 
words :  — 

"  That  personal  freedom  is  the  natural  right  of  every 
man,  and  that  property,  or  an  exclusive  right  to  dispose  of 
what  he  has  honestly  acquired  by  his  own  labor,  necessarily 
arises  therefrom,  are  truths  which  common  sense  has  placed 
beyond  the  reach  of  contradiction.  And  no  man,  or  body  of 
men,  can,  without  being  guilty  of  flagrant  injustice,  claim  a 
right  to  dispose  of  the  persons  or  acquisitions  of  any  other 
man,  or  body  of  men,  unless  it  can  be  proved  that  such  a 
right  has  arisen  from  some  compact  between  the  parties, 
in  which  it  has  been  explicitly  and  freely  granted."  —  Ora 
tion,  p.  5. 

At  the  battle  of  Bunker  Hill,  on  the  memorable 
17^  of  june  1775  negro  soldiers  stood  side  by  side. 

J 

and  fought  bravely,  with  their  white  brethren.  If 
on  the  monument  which  commemorates  that  event 
were  inscribed  the  names  of  those  most  worthy  of 
honor  for  their  heroic  deeds  on  that  day,  high  up  on 
the  shaft,  with  the  names  of  Warren  and  Prescott, 
we  should  find  that  of  PETER  SALEM,  a  negro  soldier, 
once  a  slave. 

Major  Pitcairn,  of  the  British  Marines,  it  is  wrcll 
known,  fell  just  as  he  mounted  the  redoubt,  shout 
ing  "  The  day  is  ours  ! "  The  shot  which  laid  him 
low  was  fired  by  Peter  Salem. 

Although  the  shaft  does  not  bear  his  name,  the 
pencil  of  the  artist  has  portrayed  the  scene,  the  pen 
of  the  impartial  historian  has  recorded  his  achieve 
ment,  and  the  voice  of  the  eloquent  orator  has  re 
sounded  his  valor. 


BATTLE   OF   BUNKER   HILL.  119 

Colonel  Trumbull,  in  his  celebrated  historic  picture  Colonel 

Trumbull' 

of  this  battle,  introduces  conspicuously  the  colored  picture. 
patriot.  At  the  time  of  the  battle,  the  artist,  then  act 
ing  as  adjutant,,  was  stationed  with  his  regiment  in 
lloxbury,  and  saw  the  action  from  that  point.  The 
picture  was  painted  in  1786,  when  the  event  was 
fresh  in  his  mind.  It  is  a  significant  historical  fact, 
pertinent  to  our  present  research,  that,  among  the 
limited  number  of  figures  introduced  on  the  canvas, 
more  than  one  negro  soldier  can  be  distinctly  seen. 

And  here  I  may  venture  to  publish  an  extract  from 
a  letter  written  to  me  recently  by  Aaron  White,  Esq., 
of  Thompson,  in  Connecticut,  in  answer  to  an  in 
quiry  on  this  subject:  — 

"  "With  regard  to  the  black  hero  of  Bunker  Hill,  I  never  Aaron 
knew  him  personally,  nor  did  I  ever  hear  from  his  lips  the  account 
story  of  his  achievements ;  but  I  have  better  authority. 
About  the  year  1807,  I  heard  a  soldier  of  the  Revolution, 
who  was  present  at  the  Bunker-Hill  battle,  relate  to  my 
father  the  story  of  the  death  of  Major  Pitcairn.  He  said 
the  Major  had  passed  the  storm  of  our  fire  without,  and 
had  mounted  the  redoubt,  when,  waving  his  sword,  he 
commanded,  in  a  loud  voice,  the  '  rebels'  to  surrender.  His 
sudden  appearance  and  his  commanding  air  at  first  startled 
the  men  immediately  before  him.  They  neither  answered 
nor  fired ;  probably  not  being  exactly  certain  what  was 
next  to  be  done.  At  this  critical  moment,  a  negro  soldier 
stepped  forward,  and,  aiming  his  musket  directly  at  the 
major's  bosom,  blew  him  through.  My  informant  declared 
that  he  was  so  near,  that  he  distinctly  saw  the  act.  The 
story  made  quite  an  impression  on  my  mind.  I  have  fre 
quently  heard  my  father  relate  the  story,  and  have  no  doubt 
of  its  truth.  My  father,  on  the  day  of  the  battle,  was  a 


120 


HISTORICAL    RESEARCH. 


Account  mere  child,  and  witnessed  the  battle  and  the  burning  of 
Salem?'  Charlcstown  from  Roxbury  Hill,  sitting  on  the  shoulders 
of  the  Rev.  Mr.  Jackson,  who  said  to  him  as  he  replaced 
him  on  the  ground,  '  Now,  boy,  do  you  remember  this.' 
Consequently,  after  such  an  injunction,  he  would  necessa 
rily  pay  particular  attention  to  anecdotes  concerning  the 
first  and  only  battle  he  ever  witnessed." 

The  Rev.  William  Barry  in  his  excellent  "  History 
of  Framingham,"  and  the  Hon.  Emory  Washburn  in 
his  valuable  "  History  of  Leicester,"  give  pretty  full 
accounts  of  the  colored  patriot,  who  acted  so  impor 
tant  a  part  on  that  memorable  occasion.  Mr.  Wash- 
burn  says,  — 


Emory 
WashDurn. 


"  That  shot  was  undoubtedly  fired  by  Peter ;  and  the 
death  of  Major  Pitcairn,  with  its  accompanying  circum 
stances,  formed  one  of  the  most  touching  incidents  of  this 

eventful  day After  the  war,  he  came   to 

Leicester,  and  continued  to  reside  there  till  a  short  time 
before  his  death.  The  history  of  the  town  would  be  in 
complete  without  giving  him  a  place He 

was  born  in  Framingham,  and  was  held  as  a  slave,  probably 
until  he  joined  the  army ;  whereby,  if  not  before,  he  be 
came  free.  This  was  the  case  with  many  of  the  slaves  in 
Massachusetts,  as  no  slave  could  be  mustered  into  the 
army.  If  the  master  suffered  this  to  be  done,  it  worked  a 
practical  emancipation.  Peter  served  faithfully  as  a  soldier, 
during  the  war,  in  Col.  Nixon's  regiment.  A  part  of  the 
time,  he  was  the  servant  of  Col.  Nixon,  and  always  spoke 
of  him  in  terms  of  admiration."  —  History  of  Leicester, 
pp.  266,  267,  308. 

When  the  statue  of  General  Joseph  Warren  was 
inaugurated  on  the  17th  of  June,  1857,  the  Honorable 


BATTLE    OF   BUNKER   HILL.  121 

Edward  Everett,  in  his  Address,  did  not  forget  to 
mention  the  colored  patriot,  and  thus  to  secure  for 
his  act  perpetual  record.  Such  an  honor  far  ex 
ceeds  that  of  any  sculptured  stone.  Pointing  to  the 
obelisk,  Mr.  Everett  said  :  — 

"It  commemorates  no  individual  man  or  State.  It  Edward 
stands,  indeed,  on  the  soil  of  Massachusetts,  where  the  honorable 
battle  was  fought ;  but  there  it  stands  equally  for  Con-  |Jfepeter 
necticut,  New  Hampshire,  and  Rhode  Island,  and  the  Salem- 
younger  sisters  of  the  New-England  family,  Vermont 
and  Maine,  whose  troops  shared  with  ours  the  dangers  and 
honors  of  the  day.  It  stands  for  Prescott  and  Warren, 
but  not  less  for  Putnam  and  Stark  and  Greene.  No  name 
adorns  the  shaft;  but  ages  hence,  though  our  alphabets 
may  become  as  obscure  as  those  which  cover  the  monu 
ments  of  Nineveh  and  Babylon,  its  uninscribed  surface  (on 
which  monarchs  might  be  proud  to  engrave  their  titles) 
will  perpetuate  the  memory  of  the  17th  of  June.  It  is  the 
monument  of  the  day  of  the  event  of  the  battle  of  Bunker 
Hill ;  of  all  the  brave  men  who  shared  its  perils,  —  alike  of 
Prescott  and  Putnam  and  Warren,  the  chiefs  of  the  day, 
and  the  colored  man,  Salem,  who  is  reported  to  have  shot 
the  gallant  Pitcairn,  as  he  mounted  the  parapet.  Cold  as 
the  clods  on  which  it  rests,  still  as  the  silent  heavens  to 
which  it  soars,  it  is  yet  vocal,  eloquent,  in  their  undivided 
praise."  —  Orations  and  Speeches,  vol.  iii.  p.  529. 

Another  colored  soldier,  who  participated  in  the 
battle  of  Bunker  Hill,  is  favorably  noticed  in  a  peti 
tion  to  the  General  Court,  signed  by  some  of  the 
principal  officers,  less  than  six  months  after  the  event. 
It  is  printed  from  the  original  manuscript  in  our  State 
Archives. 

16 


122  HISTORICAL    RESEARCH. 

"  To  the  Honorable  General  Court  of  the  Massachusetts  Bay. 

"  The  subscribers  beg  leave  to  report  to  your  Honora 
ble  House  (which  we  do  in  justice  to  the  character  of  so 
brave  a  man),  that,  under  our  own  observation,  we  declare 
that  a  negro  man  called  Salem  Poor,  of  Col.  Frye's  regi 
ment,  Capt.  Ames'  company,  in  the  late  battle  at  Charles- 
town,  behaved  like  an  experienced  officer,  as  well  as  an 
excellent  soldier.  To  set  forth  particulars  of  his  conduct 
would  be  tedious.  We  would  only  beg  leave  to  say,  in  the 
person  of  this  said  negro  centres  a  brave  and  gallant 
soldier.  The  reward  due  to  so  great  and  distinguished  a 
character,  we  submit  to  the  Congress. 


"JONA.  BREWER,  Col. 
THOMAS  NIXON,  Lt.-Col. 
A\rM.  PRESCOTT,  Cop- 
Em51-  COREY,  Lieut. 
JOSEPH  BAKER,  Lieut. 
JOSHUA  Row,  Lieut. 
JONAS  RICHARDSON,  Capt. 


ELIPHALET  BODWELL,  Sgt. 
JOSIAH  FOSTER,  Lieut. 
EBENR.  VARNUM,  2d  Lieut. 
WM.  HUDSON  BALLARD,  Cpt. 
WILLIAM  SMITH,  Cap. 
JOHN  MORTON,  Sergt.  [?] 
Lieut.  RICHARD  WELSH. 


"  CAMBHIDGE,  Dec.  5,  1775. 

"  In  Council,  Dec.  21,  1775.  —  Read,  and  sent  down. 

"  PEREZ  MORTON,  Depjy  Sec'y." 
(Massachusetts  Archives,  vol.  clxxx.  p.  241.) 

Here  I  cannot  forbear  calling  attention  to  the 
opinion  of  one  who  was  a  brave  soldier,  not  only  in 
this  battle,  bnt  from  the  commencement  to  the  close 
of  the  Revolution ;  and  whose  name  continues  to  be 
honored  in  his  children  and  his  children's  children  in 
our  own  city. 

M'Oor  "  Samuel  Lawrence  was  born  in  Groton.  April  24,  1754; 

Lawrence.  ,  ,  .  -,-,-,  -r, 

and  was,  therefore,  in  his  early  manhood  when  our  Revo 
lutionary  struggle  commenced.  In  common  with  all  the 
hardy,  intelligent,  liberty-loving  yeomanr}^  of  New  England, 
he  espoused  the  cause  of  the  Colonies,  and  devoted  himself 


BATTLE    OF    BUNKER   HILL.  123 

to  it  with  a  courage  that  never  failed,  a  constancy  that  Mnjor 
never  faltered,  till  his  country  had  passed  '  from  impending 
servitude  to  acknowledged  independence.'  At  work  in  the 
field,  ploughing  his  paternal  acres,  when  the  news  of 
the  attack  upon  Concord  reached  Groton,  he  immediately 
unloosed  a  horse  from  his  team,  and,  mounting,  rode  rapidly 
through  Groton  and  some  of  the  adjoining  towns,  spreading 
the  alarm,  and  summoning  the  militia  to  assemble.  He 
returned  in  season  to  join  his  own  company  at  the  church 
at  Groton,  at  twelve  o'clock  ;  where,  after  prayer  offered  by 
the  pastor  of  the  town,  they  started  for  Concord,  helped  to 
swell  that  impetuous  tide  of  resistance  which  drove  back 
the  invaders,  and  slept  that  night  on  Cambridge  Common, 
after  a  forced  march  of  thirty  miles,  and  hot  skirmishes 
with  the  retreating  foe.  From  that  time  to  the  peace  of 
1783,  he  was  'a  soldier  of  the  Revolution7;  and,  with  the 
exception  of  one  or  two  brief  visits  to  his  family  and  friends 
at  Groton,  he  was  in  actual  service  throughout  the  whole 
wrar.  lie  rose  to  the  rank  of  major,  and  for  a  considerable 
period  was  attached  to  Gen.  Sullivan's  staff  as  adjutant ; 
an  office  for  which  his  powerful  lungs  and  sonorous  voice, 
which  could  be  heard  throughout  a  long  line  of  troops, 
peculiarly  fitted  him.  He  was  in  many  of  the  severest 
battles  of  the  Revolution. 

"  At  Bunker  Hill,  where  he  was  slightly  wounded,  his 
coat  and  hat  were  pierced  with  the  balls  of  the  enemy,  and 
were  preserved  in  the  family  for  many  years.  At  one 
time  he  commanded  a  company  whose  rank  and  file  were 
all  negroes,  of  whose  courage,  military  discipline,  and 
fidelity,  he  always  spoke  with  respect.  On  one  occasion, 
being  out  reconnoitring  with  this  company,  he  got  so  far 
in  advance  of  his  command,  that  he  was  surrounded,  and 
on  the  point  of  being  made  prisoner  by  the  enemy.  The 
men,  soon  discovering  his  peril,  rushed  to  his  rescue,  and 
fought  with  the  most  determined  bravery  till  that  rescue 
was  effectually  secured.  He  never  forgot  this  circum- 


124  HISTORICAL    RESEARCH. 

stance,  and  ever  after  took  especial  pains  to  show  kind 
ness  and  hospitality  to  any  individual  of  the  colored  race 
who  came  near  his  dwelling."  -  —  Memoir  of  William  Law 
rence,  ~by  Bcv.  S.  K.  Lothrop,  D.D.,  pp.  8,  9. 

A  single  passage  from  Mr.  Bancroft's  History  will 
cive  a  succinct  and  clear  account  of  the  condition  of 

o 

the  army,  in  respect  to  colored  soldiers,  at  the  time 
of  the  battle  of  Bunker  Hill  :  — 

George  "  Nor  should   history  forget  to  record,  that  as  in  the 

army  at  Cambridge,  so  also  in  this  gallant  band,  the  free 
negroes  of  the  Colony  had  their  representatives.  For  the 
right  of  free  negroes  to  bear  arms  in  the  public  defence 
was,  at  that  day,  as  little  disputed  in  New  England  as  their 
other  rights.  They  took  their  place,  not  in  a  separate 
corps,  but  in  the  ranks  with  the  white  man ;  and  their 
names  may  be  read  on  the  pension-rolls  of  the  country,  side 
by  side  with  those  of  other  soldiers  of  the  Re  volution.  "- 
Bancroft's  Hist,  of  the  U.  8.,  vol.  vii.  p.  421. 

At  the  commencement  of  the  war,  it  appears  to 
have  been  customary  for  the  free  negroes  to  be 
enrolled  with  white  citizens  in  the  militia.  In  many 
instances,  slaves  also  stood  in  the  ranks  with  freemen. 
The  inconsistency,  however,  in  using  as  soldiers,  in 
an  army  raised  for  establishing  National  Liberty, 
those  wrho  were  held  in  bondage,  wras  too  gross  for 
the  practice  long  to  continue.  This  was  virtually 
acknowledged  in  a  Resolution  which  was  adopted 
before  the  first  great  battle  had  been  fought. 

On  the  20th  of  May,  the  Committee  of  Safety 

"  Itcsolvcd,  That  it  is  the  opinion  of  this  Committee,  as 
the  contest  now  between  Great  Britain  and  the  Colonies 


XEfJRO    SOLDIERS    XO    LOXGER    SLAVES.  125 

respects  the  liberties  and  privileges  of   the  latter,  which   Committee 

...  of  Safety. 

the  Colonies  are  determined  to  maintain,  that  the  admission 
of  any  persons,  as  Soldiers,  into  the  Army  now  raising,  but 
only  such  as  are  Freemen,  will  be  inconsistent  with  the 
principles  that  are  to  be  supported,  and  reflect  dishonor  on 
this  Colony;  and  that  no  Slaves  be  admitted  into  this  army 
upon  any  consideration  whatever."  —  Force's  American 
Archives,  Fourth  Series,  vol.  ii.  p.  762. 

The  celebrated  divine,  the  Rev.  Dr.  Hopkins  of 
Newport,  R.  I.,  soon  after  the  commencement  of  hos 
tilities,  published  a  "Dialogue  concerning  the  Slavery 
of  the  Africans,"  which  he  dedicated  to  "  The  Honor 
able  Continental  Congress."  As  this  tract  was  re 
issued  in  New  York  by  the  Manumission  Society,  of 
which  Robert  R.  Livingston,  Alexander  Hamilton,  and 
John  Jay  were  active  members,  and  a  copy  of  it  sent, 
by  their  direction,  to  each  member  of  Congress,  the 
views  it  contains  are  quite  important  as  illustrating 
the  sentiment  of  some  of  the  ablest  men  of  that 
time.  The  following  extract  is  from  a  note  to  the 
"  Dialogue  :  "  — 

"  God  is  so  ordering  it  in  his  providence,  that  it  seems  Rev.  Dr. 

..  111  iMii  Hopkins. 

absolutely  necessary  something  should  speedily  be  done 
with  respect  to  the  slaves  among  us,  in  order  to  our  safety, 
and  to  prevent  their  turning  against  us  in  our  present 
struggle,  in  order  to  get  their  liberty.  Our  oppressors 
have  planned  to  gain  the  blacks,  and  induce  them  to  take 
up  arms  against  us,  by  promising  them  liberty  on  this  con 
dition  ;  and  this  plan  they  are  prosecuting  to  the  utmost  of 
their  power,  by  which  means  they  have  persuaded  numbers 
to  join  them.  And  should  we  attempt  to  restrain  them  by 
force  and  severity,  keeping  a  strict  guard  over  them,  and 


120  HISTORICAL    RESEARCH. 

KPV.  i)r.  punishing  them  severely  who  shall  be  detected  in  attempt 
ing  to  join  our  opposers,  this  will  only  be  making  bad 
worse,  and  serve  to  render  our  inconsistence,  oppression, 
and  cruelty  more  criminal,  perspicuous,  and  shocking,  and 
bring  down  the  righteous  vengeance  of  Heaven  on  our 
heads.  The  only  way  pointed  out  to  prevent  this 'threaten 
ing  evil  is  to  set  the  blacks  at  liberty  ourselves  by  some 
public  acts  and  laws,  and  then  give  them  proper  encourage 
ment  to  labor,  or  take  arms  in  the  defence  of  the  American 
cause,  as  they  shall  choose.  This  would  at  once  be  doing 
them  some  degree  of  justice,  and  defeating  our  enemies  in 
the  scheme  that  they  are  prosecuting."  •  -  Hopldns's  Works, 
vol.  ii.  p.  584. 

Many  slaves  were  manumitted  that  they  might  be 
come  soldiers.  They  served  faithfully  to  the  close  of 
the  war.  Their  skill  and  bravery  were  never  called 
in  question,  but,  on  the  contrary,  were  frequently  com 
mended.  There  does  not,  however,  appear  to  have 
been,  at  that  time,  any  special  legislation  sanctioning 
the  employment  of  Negroes  as  soldiers.  Authority 
was  given  by  the  Provincial  Congress  of  South  Caro 
lina,  Nov.  20,  1775,  for  military  officers  to  use  slaves 
for  certain  purposes,  as  will  be  seen  by  the  following 
resolution :  — 

Srmth  "  On  motion,  Resolved.  That  the  colonels  of  the  several 

Carolina  . 

Provincial  regiments  of  militia  throughout  the  Colony  have  leave  to 
enroll  such  a  number  of  able  male  slaves,  to  be  employed 
as  pioneers  and  laborers,  as  public  exigencies  may  require  ; 
and  that  a  daily  pay  of  seven  shillings  and  sixpence  be 
allowed  for  the  service  of  each  such  slave  while  actually 
employed." --American  Archives,  Fourth  Series,  vol.  iv. 
]>.  (51. 


NEGROES   AS   SOLDIERS.  127 

This  resolution  must  not  be  regarded  as  a  general 

policy 

sanction,  on  the  part  of  South  Carolina,  of  the  employ-  [^jS' 
mcnt  of  slaves  as  soldiers.     Such  was  far  from  being  s 
the  case.     Although  some  of  her  ablest  statesmen  and 
bravest  soldiers  on  several  occasions  advocated  strong 
ly  in  the  Continental  Congress,  and  in  the  Provincial 
Legislature,    such    a   use    of  Xegroes,   there  was    a 
strong,   successful,   and   disastrous   opposition  to  the 
measure. 

The  first  general  order  issued  by  Ward,  the  com 
manding  officer,  required  a  return  of  the  "complex 
ion  "  of  the  soldiers.  It  would  be  interesting,  and 
not  very  difficult  for  any  one  who  has  access  to  the 
early  rolls  of  the  army,  and  leisure  to  examine  them, 
to  ascertain  the  number  of  negroes  who  became  sol 
diers.  It  would  also  be  interesting,  and  perhaps  not 
wholly  unprofitable,  to  trace  the  progress  of  opinion 
on  this  subject,  from  the  time  when  the  opposition  to 
negro  soldiers  first  commenced,  until  it  was  so  far 
overcome,  that  nearly  every  State,  by  legislative  act 
or  by  practice,  sanctioned  their  employment.  The 
most  that  I  can  do,  in  this  paper,  is  to  produce  some 
specimens  of  the  opinions,  laws,  and  action  of  that 
period.  It  may  be  well  to  observe,  that  what  has 
caused  so  much  complaint  in  the  management  of  the 
present  civil  war  —  the  apparently  vacillating  action 
and  unsettled  policy  of  the  administration  and  the 
army  with  regard  to  the  use  of  negroes  as  soldiers  — 
is  not  without  a  precedent,  "  an  historic  parallel,"  in 
the  annals  of  the  Revolutionary  War. 


128  HISTORICAL    RESEARCH. 

Although  slavery  existed  throughout  the  country, 
it  is  a  significant  fact,  that  the  principal  opposition  to 
negro  soldiers  came  from  the  States  where  there  was 

o 

the  least  hearty  and  efficient  support  of  the  principles 
of  Republican  Government,  and  the  least  ability  or 
disposition  to  furnish  an  equal  or  fair  quota  of  white 
soldiers. 

South  Carolina  and  Georgia  contained  so  many 
Tories,  at  one  time,  that  it  was  supposed  the  British 
officers,  who  elsewhere  would,  by  proclamation,  free 
all  negroes  joining  the  lloyal  Army,  might  hesitate  to 
meddle  with  them  in  these  Colonies,  lest  "  the  king's 
friends  "  should  suffer  thereby. 

John  Adams,  in  his  "  Diary,"  under  the  date  of 
28th  of  September,  1775,  gives  an  account  of  an  inter 
view  with  Mr.  Bullock  and  Mr.  Houston,  of  Georgia ; 
in  which  the  following  statement  occurs  :  — 

Goor^ia  "  The  question  was,  whether  all  America  was  not  in  a 

Carolina,  state  of  war,  and  whether  we  ought  to  confine  ourselves  to 
act  upon  the  defensive  only  ?  lie  was  for  acting  offen 
sively  next  spring  or  this  fall,  if  the  petition  was  rejected 
or  neglected.  If  it  was  not  answered,  and  favorably 
answered,  he  would  be  for  acting  against  Britain  and 
Britons,  as,  in  open  war,  against  French  and  Frenchmen; 
fit  privateers,  and  take  their  ships  anywhere.  These 
gentlemen  give  a  melancholy  account  of  the  state  of 
Georgia  and  South  Carolina.  They  say,  that  if  one  thou 
sand  regular  troops  should  land  in  Georgia,  and  their 
commander  be  provided  with  arms  and  clothes  enough, 
and  proclaim  freedom  to  all  the  negroes  who  would  join 
his  camp,  twenty  thousand  negroes  would  join  it  from 
the  two  Provinces  in  a  fortnight.  The  negroes  have  a 


concernmj 


OPPOSITION   TO    NEGRO    SOLDIERS.  129 

wonderful  art  of  communicating  intelligence  among  them 
selves  :  it  will  run  several  hundreds  of  miles  in  a  week  or 
fortnight.  They  say  their  only  security  is  this :  that  all 
the  king's  friends,  and  tools  of  government,  have  largo 
plantations,  and  property  in  negroes ;  so  that  the  slaves  of 
the  Tories  would  be  lost,  as  well  as  those  of  the  Whigs."  — 
Works  of  John  Adams,  vol.  ii.  p.  428. 

On  the  10th  of  July,  1775,  there  was  issued  at 
Cambridge,  by  General  Gates,  an  order  determining 
what  persons  were  to  be  excluded  by  the  recruiting 
officers,  who  were  immediately  to  go  upon  that  ser 
vice. 

"  You  are  not  to  enlist  any  deserter  from  the  Ministerial  Order 

.  „ 

Army,  nor  any  stroller,  negro,  or  vagabond,  or  person  sus- 
pected  of  being  an  enemy  to  the  liberty  of  America,  nor  r 
any  under  eighteen  years  of  age. 

"  As  the  cause  is  the  best  that  can  engage  men  of 
courage  and  principle  to  take  up  arms,  so  it  is  expected 
that  none  but  such  will  be  accepted  by  the  recruiting- 
officer.  The  pay,  provision,  <fcc.,  being  so  ample,  it  is  nut 
doubted  but  that  the  officers  sent  upon  this  service  will, 
without  delay,  complete  their  respective  corps,  and  march 
the  men  forthwith  to  camp. 

"  You  are  not  to  enlist  any  person  who  is  not  an  Ameri 
can  born,  unless  such  person  has  a  wife  and  family,  and  is 
a  settled  resident  in  this  country.  The  persons  you  enlist 
must  be  provided  with  good  and  complete  arms." 
From  Games' 's  Mercury,  July  24,  (in  Frank  Moore's  Diary 
of  the  American  devolution,  vol.  i.  p.  110.) 

On  the  26th  of  September  following,  according  to 
Mr.  Bancroft,  "  Edward  Rutledge,  of  South  Carolina, 
moved  the  discharge  of  all  the  negroes  in  the  army, 
and  he  was  strongly  supported  by  many  of  the 

17 


130  HISTOEICAL    RESEARCH. 

Orders  to  Southern  delegates  ;  but  the  opposition  was  so  power- 
exclude 
negroes.    fuj  an(j  so  determined,  that  '  he  lost  his  point.' " 

On  the  18th  of  October,  a  Committee  of  Conference, 
consisting  of  Dr.  Franklin,  Benjamin  Harrison,  and 
Thomas  Lynch,  met  at  Cambridge,  with  the  Depu 
ty-Governors  of  Connecticut  and  Rhode  Island,  a 
Committee  of  the  Council  of  Massachusetts  Bay,  and 
General  Washington,  to  consider  the  condition  of  the 
army,  and  to  devise  means  for  its  improvement.  On 
the  23d  October,  the  subject  of  negro  soldiers  came 
before  them  for  action,  and  was  thus  decided :  — 

"  Ought  not  negroes  to  be  excluded  from  the  new  en 
listment,  especially  such  as  are  slaves  ?  All  were  thought 
improper  by  the  council  of  officers. 

"Agreed,  That  they  be  rejected  altogether." — Force's 
American  Archives,  Fourth  Series,  vol.  iii.  p.  1161. 

The  following  extract  from  the  Orderly  Book, 
under  the  date  of  Nov.  12th,  indicates  the  spirit  that 
prevailed  in  enlisting  the  new  army  :  — 

"  The  officers  are  to  be  careful  not  to  enlist  any  person 
suspected  of  being  unfriendly  to  the  liberties  of  America, 
or  any  abandoned  vagabond,  to  whom  all  causes  and  coun 
tries  are  equal  and  alike  indifferent.  The  rights  of  man 
kind  and  the  freedom  of  America  will  have  numbers 
sufficient  to  support  them,  without  resorting  to  such 
wretched  assistance.  Let  those  who  wish  to  put  shackles 
upon  freemen  fill  their  ranks  with  such  miscreants,  and 
place  tlieir  confidence  in  them.  Neither  negroes,  boys 
unable  to  bear  arms,  nor  old  men  unfit  to  endure  the  fa 
tigues  of  the  campaign,  are  to  be  enlisted."  —  Sparks's 
Washington,  vol.  iii.  p.  155. 


NEGRO   SOLDIERS    TO    BE   ENLISTED.  131 

On  the  31st  of  December,  1775,  Washington  wrote 

be  enlisted. 

from  Cambridge  to  the  President  of  Congress  in  re 
gard  to  the  army,  in  which  he  thus  alludes  to  negro 
soldiers : — 

"  It  has  been  represented  to  me,  that  the  free  negroes 
who  have  served  in  this  army  are  very  much  dissatisfied  at 
being  discarded.  As  it  is  to  be  apprehended  that  they 
may  seek  employ  in  the  Ministerial  Army,  I  have  presumed 
to  depart  from  the  resolution  respecting  them,  and  have 
given  license  for  their  being  enlisted.  If  this  is  disap 
proved  of  by  Congress,  I  will  put  a  stop  to  it."  -  —  Sparks's 
Washington,  vol.  iii.  p.  218,  219. 

Mr.  Sparks  appends  to  this  letter  the  following 
note :  — 

"  At  a  meeting  of  the  general  officers,  previously  to  the 
arrival  of  the  committee  from  Congress  in  camp,  it  was 
unanimously  resolved,  that  it  was  not  expedient  to  enlist 
slaves  in  the  new  army ;  and,  by  a  large  majority,  ne 
groes  of  every  description  were  excluded  from  enlistment. 
When  the  subject  was  referred  to  the  committee  in  con 
ference,  this  decision  was  confirmed.  In  regard  to  free 
negroes,  however,  the  resolve  was  not  adhered  to,  and 
probably  for  the  reason  here  mentioned  by  General  Wash 
ington.  Many  black  soldiers  were  in  the  service  during 
all  stages  of  the  war."  -  Sparks's  Washington,  vol.  iii. 
pp.  218,  219. 

On  the  16th  of  January,  1776,  Congress  thus  de 
cided  the  question  submitted  by  Washington  :  — 

"  That  the  free  negroes,  who  have  served  faithfully  in 
the  army  at  Cambridge,  may  be  re-enlisted  therein,  but  no 
others."-  —  Journals  of  Congress,  vol.  ii.  p.  26. 


132  HISTORICAL    RESEARCH. 

Account  of       An  extract  from  a  letter  of  General  Thomas   to 

tlie  iiriny 

iu  1775.       John  Adams  gives  a  true  picture  01  the  army  by  one 
fully  competent  to  describe  it :  — 

"  I  am  sorry  to  hear  that  any  prejudices  should  take 
place  in  any  Southern  colony,  with  respect  to  the  troops 
raised  in  this.  I  ain  certain  the  insinuations  you  mention 
are  injurious,  if  we  consider  with  what  precipitation  we 
were  obliged  to  collect  an  army.  In  the  regiments  at  Rox- 
bitry,  the  privates  are  equal  to  any  that  I  served  with  in 
the  last  war ;  very  few  old  men,  and  in  the  ranks  very  few 
boys.  Our  fifers  are  many  of  them  boys.  We  have  some 
negroes ;  but  I  look  on  them,  in  general,  equally  service 
able  with  other  men  for  fatigue ;  and,  in  action,  many  of 
them  have  proved  themselves  brave. 

"  I  would  avoid  all  reflection,  or  any  thing  that  may  tend 
to  give  umbrage ;  but  there  is  in  this  army  from  the  south 
ward  a  number  called  riflemen,  who  are  as  indifferent  men 
as  I  ever  served  with.  These  privates  are  mutinous,  and 
often  deserting  to  the  enemy ;  unwilling  for  duty  of  any 
kind  ;  exceedingly  vicious ;  and,  I  think,  the  army  here 
would  be  as  well  without  as  with  them.  But  to  do  justice 
to  their  officers,  they  are,  some  of  them,  likely  men."  — 
MS.  Letter,  dated  2Wt  October,  1775. 

While  the  question  of  employing  negroes  as  sol- 

Dunmore  s  1        J       o 

diers  was  producing  a  troublesome  controversy  in 
the  Army  and  in  Congress,  our  enemies  boldly  met  the 
matter  in  a  practical  manner.  Lord  Dunmore,  the 
lloyal  Governor  of  Virginia,  issued  a  proclamation 
in  November,  1775,  promising  freedom  to  all  slaves 
who  would  join  the  army  of  the  British.  In  a  recent 
"History  of  England,"  this  act  is  thus  described:  — 

"  In  letters  which  had  been  laid  before  the  English  Par 
liament,  and  published  to  the  whole  world,  lie  had  repre- 


Dunmore's 

Proclama 
tion. 


LORD  DUXMORE'S  PROCLAMATION'.  133 

scnted  the  planters  as  ambitious,  selfish  men,  pursuing-  their  English 
own  interests  and  advancement  at  the  expense  of  their  of  Lord 
poorer  countrymen,  and  as  being  ready  to  make  every 
sacrifice  of  honesty  and  principle ;  and  he  had  said  more 
privately,  that,  since  they  were  so  anxious  for  liberty,  — 
for  more  freedom  than  was  consistent  with  the  free  institu 
tions  of  the  mother-country  and  the  charter  of  the  Colony, 
—  that  since  they  were  so  eager  to  abolish  a  fanciful  slavery 
in  a  dependence  on  Great  Britain,  he  would  try  how  they 
liked  an  abolition  of  real  slavery  by  setting  free  all  their 
negroes  and  indentured  servants,  who  were,  in  fact,  little 
better  than  white  slaves.  This,  to  the  Virginians,  was  like 
passing  a  rasp  over  a  gangrened  place :  it  was  probing  a 
wound  that  was  incurable,  or  which  has  not  yet  been 
healed.  Later  in  the  year,  when  the  battle  of  Bunker's 
Hill  had  been  fought,  when  our  forts  on  Lake  Champlain 
had  been  taken  from  us,  and  when  Montgomery  and  Arnold 
were  pressing  on  our  possessions  in  Canada,  Lord  Dunmore 
carried  his  threat  into  execution.  Having  established  his 
head-quarters  at  Norfolk,  he  proclaimed  freedom  to  all  the 
slaves  who  would  repair  to  his  standard  and  bear  arms  for 
the  king.  The  summons  was  readily  obeyed  by  most  of  the 
negroes  who  had  the  means  of  escaping  to  him.  He,  at 
the  same  time,  issued  a  proclamation,  declaring  martial 
law  throughout  the  Colony  of  Virginia;  and  he  collected  a 
number  of  armed  vessels,  which  cut  off  the  coasting-trade, 
made  many  prizes,  and  greatly  distressed  an  important  part 
of  that  Province.  If  he  could  have  opened  a  road  to  the 
slaves  in  the  interior  of  the  Province,  his  measures  would 
have  been  very  fatal  to  the  planters.  In  order  to  stop  the 
alarming  desertion  of  the  negroes,  and  to  arrest  his  Lord 
ship  in  his  career,  the  Provincial  Assembly  detached  against 
him  a  strong  force  of  more  than  a  thousand  men,  who  ar 
rived  in  the  neighborhood  of  Norfolk  in  the  month  of 
December.  Having  made  a  circuit,  they  came  to  a  village 
called  Great  Bridge,  where  the  river  Elizabeth  was  trav- 


134  HISTORICAL   RESEARCH. 

Lord  crscd  by  a  bridge ;  but,  before  their  arrival,  the  bridge 

Dunmore's  J  fo  .  '  j    «       -,    j 

Prociama-  had  been  made  impassable,  and  some  works,  defended 
chiefly  by  negroes,  had  been  thrown  up."  —  Pictorial  His 
tory  of  England,  George  III.,  vol.  i.  pp.  224,  225. 

The  Proclamation   of  Lord  Dunmore  was  as  fol 
lows  :  — 

"  By  Ids  Excellency  the  Eight  Honorable  JOHN,  Earl  of  DUNMORE, 
his  Majesty's  Lieutenant  and  Governor-General  of  the  Colony 
and  Dominion  of  Virginia,  and  Vice-Admiral  of  the  same, — 

"  A   PROCLAMATION. 

"  As  I  have  ever  entertained  hopes  that  an  accommoda 
tion  might  have  taken  place  between  Great  Britain  and  this 
Colony,  without  being  compelled  by  my  duty  to  this  most 
disagreeable  but  now  absolutely  necessary  step,  rendered 
so  by  a  body  of  armed  men,  unlawfully  assembled,  firing  on 
his  Majesty's  tenders ;  and  the  formation  of  an  army,  and 
that  army  now  on  their  march  to  attack  his  Majesty's  troops, 
and  destroy  the  well-disposed  subjects  of  this  Colony,  —  to 
defeat  such  treasonable  purposes,  and  that  all  such  traitors 
and  their  abettors  may  be  brought  to  justice,  and  that  the 
peace  and  good  order  of  this  Colony  may  be  again  restored, 
which  the  ordinary  course  of  the  civil  law  is  unable  to 
effect,  I  have  thought  fit  to  issue  this  my  Proclamation ; 
hereby  declaring,  that,  until  the  aforesaid  good  purposes 
can  be  obtained,  I  do,  in  virtue  of  the  power  and  authority 
to  me  given  by  his  Majesty,  determine  to  execute  martial 
law,  and  cause  the  same  to  be  executed,  throughout  this 
Colony.  And,  to  the  end  that  peace  and  good  order  may 
the  sooner  be  restored,  I  do  require  every  person  capable 
of  bearing  arms  to  resort  to  his  Majesty's  standard,  or  be 
looked  upon  as  traitors  to  his  Majesty's  Crown  and  Govern 
ment,  and  thereby  become  liable  to  the  penalty  the  law 
inflicts  upon  such  offences, —  such  as  forfeiture  of  life,  con- 


LOKD  DUNMORE'S  PKOCLAMATION.  135 

fiscation  of  lands,  &c.,  &c.  And  I  do  hereby  further  declare 
all  indented  servants,  negroes,  or  others,  (appertaining  to 
rebels,)  free,  that  are  able  and  willing  to  bear  arms,  they 
joining  his  Majesty's  troops,  as  soon  as  may  be,  for  the 
more  speedily  reducing  this  Colony  to  a  proper  sense  of 
their  duty  to  his  Majesty's  crown  and  dignity.  I  do  further 
order  and  require  all  his  Majesty's  liege  subjects  to  retain 
their  quit-rents,  or  any  other  taxes  due,  or  that  may  become 
due,  in  their  own  custody,  till  such  time  as  peace  may 
be  again  restored  to  this  at  present  most  unhappy  country, 
or  demanded  of  them,  for  their  former  salutary  purposes, 
by  officers  properly  authorized  to  receive  the  same. 

"  Given  under  my  hand,  on  board  the  ship  '  William,' 
off  Norfolk,  the  seventh  day  of  November,  in  the  sixteenth 
year  of  his  Majesty's  reign.  "  DUNMORE. 

"  God  save  the  King !  " 
(Force's  "American  Archives,"  Fourth  Series,  vol.  iii.  p.  1385.) 

This  Proclamation  created  great  consternation  in 
Virginia.  It  will  be  seen  by  the  following  extract 
from  a  letter  written  Nov.  27th,  1775,  by  Edmund 
Pendleton  to  Richard  Henry  Lee,  that  many  slaves 
flocked  to  the  British  standard. 

"  The  Governor,  hearing  of  this,  marched  out  with  three  Letter  from 
hundred  and  fifty  soldiers,  Tories  and  slaves,  to  Kemp's  Pendleton 
Landing ;  and  after  setting  up  his  standard,  and  issuing  Henry  Lee, 
his  proclamation,  declaring  all  persons  rebels  who  took  up  *l°7^  27» 
arms  for  the  country,  and  inviting  all  slaves,  servants,  and 
apprentices  to  come  to  him  and  receive  arms,  he  proceeded 
to  intercept  Hutchings  and  his  party,  upon  whom  he  came 
by  surprise,  but  received,  it  seems,  so  warm  a  fire,  that  the 
ragamuffins  gave  way.      They  were,  however,  rallied  on 
discovering  that  two  companies  of  our  militia  gave  way  ; 
and  left  Hutchings  and  Dr.  Reid  with  a  volunteer  company, 
who  maintained  their  ground  bravely  till  they  were  over- 


136  HISTORICAL    RESEARCH. 

Edmund  come  by  numbers,  and  took  shelter  in  a  swamp.  The 
slaves  were  sent  in  pursuit  of  them  ;  and  one  of  Col.  Hutch- 
ings's  own,  with  another,  found  him.  On  their  approach, 
lie  discharged  his  pistol  at  his  slave,  but  missed  him  ;  and 
was  taken  by  them,  after  receiving  a  wound  in  his  face 
with  a  sword.  The  numbers  taken  or  killed,  on  either  side, 
is  not  ascertained.  It  is  said  the  Governor  went  to  Dr. 
Reid's  shop,  and,  after  taking  the  medicines  and  dressings 
necessary  for  his  wounded  men,  broke  all  the  others  to 
pieces.  Letters  mention  that  slaves  flock  to  him  in  abun 
dance  ;  but  I  hope  it  is  magnified."  —  Force's  American 
Archives,  Fourth  Series,  vol.  iv.  p.  202. 

In  a  paper  published  in  Williamsburgh,  Virginia,  on 
the  23d  of  November,  the  Proclamation  is  severely 
commented  on ;  and  an  urgent  appeal  is  made  to  the 
negroes  to  stand  by  their  masters,  —  their  true  friends, 
—  who  would,  "  were  it  in  their  power,  restore  free 
dom  to  such  as  have  unhappily  lost  it." 

Caution  "  The  second  class  of  people  for  whose  sake  a  few  rc- 

to  the  .  ,L 

negroes.  marks  upon  this  proclamation  seem  necessary  is  the  negroes. 
.They  have  been  flattered  with  their  freedom,  if  they  bo 
able  to  bear  arms,  and  will  speedily  join  Lord  Dunmore's 
troops.  To  none,  then,  is  freedom  promised,  but  to  such  as 
are  able  to  do  Lord  Dunmore  service.  The  aged,  the  in 
firm,  the  women  and  children,  are  still  to  remain  the  prop 
erty  of  their  masters,  —  of  masters  who  will  be  provoked 
to  severity,  should  part  of  their  slaves  desert  them.  Lord 
Dunmore's  declaration,  therefore,  is  a  cruel  declaration  to 
the  negroes.  lie  does  not  pretend  to  make  it  out  of  any 
tenderness  to  them,  but  solely  upon  his  own  account ;  and, 
should  it  meet  with  success,  it  leaves  by  iar  the  greater 
number  at  the  mercy  of  an  enraged  and  injured  people. 
But  should  there  be  any  amongst  the  negroes  weak  enough 


LORD  DUNMORE'S  PROCLAMATION.  137 

to  believe  that  Lord  Dunmore  intends  to  do  them  a  kind-  Appeal  to 
ness,  and  wicked  enough  to  provoke  the  fury  of  the  Amen-  by  ttie?r 
cans  against  their  defenceless  fathers  and  mothers,  their 
wives,  their  women  and  children,  let  them  only  consider 
the  difficulty  of  effecting  their  escape,  and  what  they  must 
expect  to  suffer  if  they  fall  into  the  hands  of  the  Ameri 
cans.  Let  them  further  consider  what  must  be  their  fate 
should  the  English  prove  conquerors.  If  we  can  judge  of 
the  future  from  the  past,  it  will  not  be  much  mended.  Long- 
have  the  Americans,  moved  by  compassion  and  actuated  by 
sound  policy,  endeavored  to  stop  the  progress  of  slavery. 
Our  Assemblies  have  repeatedly  passed  acts,  laying  heavy 
duties  upon  imported  negroes ;  by  which  they  meant  alto 
gether  to  prevent  the  horrid  traffic.  But  their  humane 
intentions  have  been  as  often  frustrated  by  the  cruelty  and 
covetousness  of  a  set  of  English  merchants,  who  prevailed 
upon  the  King  to  repeal  our  kind  and  merciful  acts,  little, 
indeed,  to  the  credit  of  his  humanity.  Can  it,  then,  be 
supposed  that  the  negroes  will  be  better  used  by  the  Eng 
lish,  who  have  always  encouraged  and  upheld  this  slavery, 
than  by  their  present  masters,  who  pity  their  condition  ; 
who  wish,  in  general,  to  make  it  as  easy  and  comfortable 
as  possible  ;  and  ivho  would,  were  it  in  their  power,  or  were 
they  permitted,  not  only  prevent  any  more  negroes  from  losing 
their  freedom,  but  restore  it  to  such  as  have  already  unhappily 
lost  it  ?  No :  the  ends  of  Lord  Dunmore  and  his  party 
being  answered,  they  will  either  give  up  the  offending  ne 
groes  to  the  rigor  of  the  laws  they  have  broken,  or  sell 
them  in  the  West  Indies,  where  every  year  they  sell  many 
thousands  of  their  miserable  brethren,  to  perish  either  by 
the  inclemency  of  weather  or  the  cruelty  of  barbarous 
masters.  Be  not  then,  ye  negroes,  tempted  by  this  pro 
clamation  to  ruin  yourselves.  I  have  given  you  a  faithful 
view  of  what  you  are  to  expect;  and  declare  before  find, 
in  doing  it,  I  have  considered  your  welfare,  as  well  as  that 
of  the  country.  Whether  you  will  profit  by  my  advice,  I 

18 


138  HISTORICAL    EESEAECH. 

cannot  tell ;  but  this  I  know,  that,  whether  we  suffer  or 
not,  if  you  desert  us,  you  most  certainly  will."-  — .Force's 
American  Archives,  Fourth  Series,  vol  iii.  p.  1387. 

Answer  The  Virginia  Convention  appointed  a  Committee  to 

to  Lord 

Dunmore's   prepare  a  Declaration  in  answer  to  Lord  Dunmore's 

Proclama-      -1       *• 

Proclamation.  This  was  adopted  on  the  13th  of  De 
cember,  when  the  same  Committee  was  instructed  to 
report  another  Declaration,  "  offering  pardon  to  such 
slaves  as  shall  return  to  their  duty  within  ten  days 
after  the  publication  thereof."  This  also  was  adopted 
the  next  day,  in  the  following  terms :  — 

"  By  the  Eeprcscntatives  of  the  People  of  the  Colony  and  Dominion 
of  Virginia,  assembled  in  General  Convention, 

"  A   DECLAEATION. 

Declaration        "  Whereas  Lord  Dunmorc,  by  his  Proclamation  dated  on 

of  pardon 

to  slaves,  board  the  ship  '  William,'  off  Norfolk,  the  seventh  day  of 
November,  1775,  hath  offered  freedom  to  such  able-bodied 
slaves  as  arc  willing  to  join  him,  and  take  up  arms  against 
the  good  people  of  this  Colony,  giving  thereby  encourage 
ment  to  a  general  insurrection,  which  may  induce  a  neces 
sity  of  inflicting  the  severest  punishments  upon  those 
unhappy  people,  already  deluded  by  his  base  and  insidious 
arts  ;  and  whereas,  by  an  act  of  the  General  Assembly  now 
in  force  in  this  Colony,  it  is  enacted,  that  all  negro  or  other 
slaves,  conspiring  to  rebel  or  make  insurrection,  shall  suf 
fer  death,  and  be  excluded  all  benefit  of  clergy  ;  —  we  think 
it  proper  to  declare,  that  all  slaves  who  have  been  or  shall 
be  seduced,  by  his  Lordship's  Proclamation,  or  other  arts, 
to  desert  their  masters'  service,  and  take  up  arms  against 
the  inhabitants  of  this  Colony,  shall  be  liable  to  such  pun 
ishment  as  shall  hereafter  be  directed  by  the  General  Con 
vention.  And  to  the  end  that  all  such  who  have  taken  this 
unlawful  and  wicked  step  may  return  in  safety  to  their 


LORD  DUNMORE'S  PROCLAMATION.  139 

duty,  and  escape  the  punishment  due  to  their  crimes,  we  Declaration 
hereby  promise  pardon  to  them,  they  surrendering  them-  to  slaves. 
selves  to  Colonel  William  Woodford  or  any  other  commander 
of  our  troops,  and  not  appearing  in  arms  after  the  publica 
tion  hereof.    And  we  do  further  earnestly  recommend  it  to 
all  humane  and  benevolent  persons  in  this  Colony  to  explain 
and  make  known  this  our  offer  of  mercy  to  those  unfortu 
nate  people."  -  —  American  Archives,  Fourth  Series,  vol.  iv. 
pp.  84,  85. 

Washington  saw  what  an  element  of  strength  Lord 
Dunmore  had  called  to  his  aid,  and  the  importance 
of  acting  promptly  and  with  energy  against  him. 
On  the  15th  of  December,  lie  thus  wrote  to  Joseph 
Reed : — 

"  If  the  Virginians   are   wise,  that   arch-traitor   to  the  Lord  Dun- 
rights  of  humanity,  Lord  Dunmore,  should  be  instantly  crushed, 
crushed,  if  it  takes  the  force  of  the  whole  army  to  do  it; 
otherwise,  like  a  snow-ball    in  rolling,  his  army  will  get 
size,  some  through  fear,  some  through  promises,  and  some 
through  inclination,  joining  his  standard :  but  that  which 
renders  the  measure  indispensably  necessary  is    the   ne 
groes  ;  for,  if  he  gets  formidable,  numbers  of  them  will  be 
tempted  to  join  who  will  be  afraid  to   do  it  without."  — 
Life  and  Correspondence  of  Joseph  Reed,  vol.  i.  135. 

Although  many  of  the  slaves  responded  to  the  pro 
clamation  by  joining  the  army  of  the  enemy,  the 
greater  part  of  them  were  too  shrewd  to  be  caught 
by  such  wily  arts.  They  were  unwilling  to  trust 
their  freedom  to  the  officers  of  a  government  which 
had  persistently  encouraged  the  slave-trade  against 
the  remonstrances  of  their  masters,  who  had  not  only 


140  HISTORICAL    RESEARCH. 

declared  that  traffic  to  be  a  wrong  against  humanity, 

Dunmure.  _  °  J  ' 

but  had  expressed  their  desire  to  abolish  domestic 
slavery  as  soon  as  it  was  practicable  for  them  to  do  so. 
The  inconsistency  and  atrocity  of  Lord  Dunmore's 
conduct  justly  met  with  very  general  indignation. 
Subsequent  events  proved  that  the  distrust  and  fears, 
felt  by  the  slaves,  were  well  founded. 

It  will  be  seen  by  letters  written  several  months 
after  the  Proclamation  was  issued,  that  his  Lordship 
attributed  the  limited  success  which  attended  it  to 
another  than  the  true  cause. 

"  Lord  Dunmore  to  the  Secretary  of  State. 

"  [No.  1.]  "  SHIP  '  DUNMORE,'  IN  ELIZABETH  RIVER,  VA., 

30th  March,  1776. 

"  Your  Lordship  will  observe  by  my  letter,  No.  34,  that  I 
have  been  endeavoring  to  raise  two  regiments  here,  —  one 
of  white  people,  the  other  of  black.  The  former  goes  on 
very  slowly  ;  but  the  latter  very  well,  and  would  have  been 
in  great  forwardness,  had  not  a  fever  crept  in  amongst 
them,  which  carried  off  a  great  many  very  fine  fellows." 

"  [No.  3.]  "  SHIP  '  DUNMORE,'  IN  GWIN'S  ISLAND  HARBOR,  VA., 

June  26,  1776. 

"  I  am  extremely  sorry  to  inform  your  Lordship,  that  that 
fever,  of  which  I  informed  you  in  my  letter  No.  1,  has 
proved  a  very  malignant  one,  and  has  carried  off  an  incred 
ible  number  of  our  people,  especially  the  blacks.  Had  it 
not  been  for  this  horrid  disorder,  I  am  satisfied  I  should 
have  had  two  thousand  blacks  ;  with  whom  I  should  have 
had  no  doubt  of  penetrating  into  the  heart  of  this  Col 
ony." 

(Force's  "  American  Archives,"  Fifth  Series,  vol.  ii.  pp.  160,  162.) 


NEGRO  SOLDIERS  AND  NEGRO  PRISONERS.       141 

During  the  years  1776  and  1777,  not  much  was 

J  Soldiers. 

done  by  way  of  legislation  towards  settling  a  general 
policy  with  regard  to  the  employment  of  negroes  as 
soldiers.  They  continued,  in  fact,  to  be  admitted  into 
the  line  of  the  army  without  much  objection. 

A  letter  from  General  Greene  to  Washington  shows 
that  it  was  then  contemplated  to  form  the  negroes  at 
Staten  Island  into  an  independent  regiment. 

"CAMP  ON  LONG  ISLAND, 

July  21,  1776,  two  o'clock. 

"  SIR,  —  Colonel  Hand  reports  seven  large  ships  are 
coining  up  from  the  Hook  to  the  Narrows. 

"  A  negro  belonging  to  one  Strickler,  at  Gravesend,  was 
taken  prisoner  (as  he  says)  last  Sunday  at  Coney  Island. 
Yesterday  lie  made  his  escape,  and  was  taken  prisoner  by 
the  rifle-guard.  He  reports  eight  hundred  negroes  col 
lected  on  Staten  Island,  this  day  to  be  formed  into  a  regi 
ment. 

"  I  am  your  Excellency's  most  obedient,  humble  ser 
vant,  "  N.  GREENE. 
"  To  his  Excellency  Gen.  WASHINGTON,  Head-quarters,  New  York." 
(Force's  "  American  Archives,"  Fifth  Series,  vol.  i.  p.  486.) 

A  Kesolve  of  the  Massachusetts  Legislature,  in  Sep- 
tember,  1776,  is  worthy  of  special  notice.  Referring 
to  it,  a  writer  in  the  "  Historical  Magazine  "  for  Sep 
tember,  1861,  says,  "  The  course  of  the  authorities  of 
the  Southern  States,  now  in  arms  against  the  Govern 
ment,  in  selling  as  slaves  all  negroes  taken  prisoners, 
is  the  last  relic  of  a  barbarous  custom.  .  .  .  The 
first  condemnation  of  the  course  seems  to  be  that 
contained  in  a  Massachusetts  Resolve,  of  the  14th  of 


142 


HISTORICAL    RESEARCH. 


Negroes  to 
be  treated 
like  other 
prisoners 
of  war. 


September,  1776,  forbidding  the  sale,  as  slaves,  of 
two  negroes  taken  on  the  sloop  '  Hannibal.' "  The 
Resolve  is  as  follows :  — 

"  Whereas  this  Court  is  credibly  informed,  that  two 
negro  men  lately  taken  on  the  high  seas,  on  board  the 
sloop  '  Hannibal,'  and  brought  into  this  State  as  prisoners, 
are  advertised  to  be  sold  at  Salem  the  17th  instant,  by 
public  auction : 

"Resolved,  That  all  persons  concerned  with  the  said 
negroes  be,  and  they  hereby  are,  forbidden  to  sell  them,  or 
in  any  manner  to  treat  them  otherwise  than  is  already 
ordered  for  the  treatment  of  prisoners  taken  in  like  man 
ner  ;  and,  if  any  sale  of  the  said  negroes  shall  be  made,  it 
is  hereby  declared  null  and  void.  And  that  whenever  it 
shall  appear  that  any  negroes  are  taken  on  the  high  seas, 
and  brought  as  prisoners  into  this  State,  they  shall  not  be 
allowed  to  be  sold,  nor  treated  any  otherwise  than  as  pris 
oners  are  ordered  to  be  treated  who  are  taken  in  like 
manner."  —  Resolves,  September,  1776,  p.  14. 

I  am  indebted  to  my  friend  Mr.  William  J.  Davis, 
of  New  York,  for  the  following  extract  from  the 
Journal  of  a  Hessian  officer  who  was  with  Burgoyne 
at  the  time  of  his  surrender.  It  is  a  literal  translation 
from  a  German  work  which  is  rare  in  this  country. 
This  testimony  of  a  foreign  officer,  as  to  the  common 
use  of  negroes  in  the  American  Army,  is  quite  impor 
tant.  It  is  dated  23d  October,  1777. 


Hessian 

oilicer's 


"  From  here  to  Springfield,  there  are  few  habitations 
testimony,  which  have  not  a  negro  family  dwelling  in  a  small  house 
near  by.  The  negroes  are  here  as  fruitful  as  other  cattle. 
The  young  ones  are  well  foddered,  especially  while  they 
arc  still  calves.  Slavery  is,  moreover,  very  gainful.  The 


CAPTURE    OF   MAJOR-GENERAL    PRESCOTT.  143 

negro  is  to  be  considered  just  as  the  bond-servant  of  a  Hessian 
peasant.    The  negress  does  all  the  coarse  work  of  the  house,  testimony, 
and  the  little  black  young  ones  wait  on  the  little  white  young 
ones.     The  negro  can  take  the  field,  instead  of  his  master  ; 
and  therefore  no  regiment  is  to  be  seen  in  which  there  are 
not  negroes  in  abundance :   and  among  them  there  are  able- 
bodied,   strong,   and  brave  felloivs.      Here,  too,  there  are 
many  families  of  free  negroes,  who  live  in  good  houses, 
have  property,  and  live  just  like  the  rest  of  the  inhabi 
tants."  -—  Schloezers  Brief wechsel,  vol.  iv.  p.  3G5. 

The  capture  of  ^Major-General  Prescott,  of  the  Bri-  Capture  of 

J  the  British 

tish  army,  on  the  9th  of  July,  1777,  was  an  occasion  General 

i  rcscott* 

of  great  joy  throughout  the  country.  Prince,  the 
valiant  negro  who  seized  that  officer,  ought  always 
to  be  remembered  with  honor  for  his  important  ser 
vice.  The  exploit  was  much  commended  at  the 
time,  as  its  results  were  highly  important ;  and 
Colonel  Barton,  very  properly,  received  from  Con 
gress  the  compliment  of  a  sword  for  his  ingenuity 
and  bravery.  It  seems,  however,  that  it  took  more 
than  one  head  to  plan  and  to  execute  the  under 
taking. 

"  They  landed  about  five  miles  from  Newport,  and  three- 
quarters  of  a  mile  from  the  house,  which  they  approached 
cautiously,  avoiding  the  main  guard,  which  was  at  some 
distance.  The  Colonel  went  foremost,  ivith  a  stout,  active 
negro  close  behind  him,  and  another  at  a  small  distance  :  the 
rest  followed  so  as  to  be  near,  but  not  seen. 

"  A  single  sentinel  at  the  door  saw  and  hailed  the 
Colonel :  he  answered  by  exclaiming  against,  and  inquiring 
for,  rebel  prisoners,  but  kept  slowly  advancing.  The 
sentinel  again  challenged  him,  and  required  the  counter 
sign.  He  said  he  had  not  the  countersign;  but  amused 


144  HISTORICAL    RESEARCH. 

Capture  of  the  sentry  by  talking  about  rebel  prisoners,  and  still 
General 8  advancing  till  lie  came  within  reach  of  the  bayonet,  which, 
Prescott.  jie  prcsenting,  the  colonel  suddenly  struck  aside,  and  seized 
him.  He  was  immediately  secured,  and  ordered  to  be 
silent,  on  pain  of  instant  death.  Meanwhile,  the  rest  of 
the  men  surrounding  the  house,  the  negro,  with  his  head, 
at  the  second  stroke,  forced  a  passage  into  it,  and  then  into  the 
landlord's  apartment.  The  landlord  at  first  refused  to  give 
the  necessary  intelligence ;  but,  on  the  prospect  of  present 
death,  he  pointed  to  the  General's  chamber,  which  being 
instantly  opened  by  the  negro's  head,  the  Colonel,  calling  the 
General  by  name,  told  him  lie  was  a  prisoner"  -  —  Pennsyl 
vania  Evening  Post,  Aug.  7, 1777  ;  (in  Frank  Moore's  Diary 
of  the  American  Revolution,  vol.  i.  p.  4G8.) 

The  event  was  thus  noticed  by  a  contemporary 
(Dr.  Thacher),  who  was  a  surgeon  in  the  American 
army :  — 

"Albany,  Aug.  3,  1777.  —  The  pleasing  information  is 
received  here  that  Lieut.-Col.  Barton,  of  the  Rhode-Island 
militia,  planned  a  bold  exploit  for  the  purpose  of  surpris 
ing  and  taking  Major-Gen.  Prescott,  the  commanding  officer 
of  the  royal  army  at  Newport.  Taking  with  him,  in  the 
night,  about  forty  men,  in  two  boats,  with  oars  muffled,  he 
had  the  address  to  elude  the  vigilance  of  the  ships-of-war 
and  guard-boats  :  and,  having  arrived  undiscovered  at  the 
quarters  of  Gen.  Prescott,  they  were  taken  for  the  sen 
tinels  ;  and  the  general  was  not  alarmed  till  his  captors 
were  at  the  door  of  his  lodging-chamber,  which  was  fast 
closed.  A  negro  man,  named  Prince,  instantly  thrust  his 
beetle  head  through  the  panel  door,  and  seized  his  victim 
while  in  bed.  .  .  .  This  event  is  extremely  honorable  to 
the  enterprising  spirit  of  Col.  Barton,  and  is  considered 
as  ample  retaliation  for  the  capture  of  Gen.  Lee  by  Col. 
Harcourt.  The  event  occasions  great  joy  and  exulta- 


NEGRO    SOLDIERS    IN    CONNECTICUT.  145 

tion,  as  it  puts  in  our  possession  an  officer  of  equal  rank  Doctor 

,  .  Thacher'a 

with    Gen.    Lee,  by  which   means   an  exchange    may   be  account, 
obtained.    Congress  resolved  that  an  elegant  sword  should 
be  presented  to  Col.  Barton  for  his  brave  exploit." 

It  was  perhaps  "  Prince "  to  whom  Dr.  Thacher 
alludes  in  the  following  characteristic  anecdote :  — 

"When  the  Count  D'Estaing's  fleet  appeared  near  the 
British  batteries,  in  the  harbor  of  Rhode  Island,  a  severe 
cannonade  was  commenced;  and  several  shot  passed  through 
the  houses  in  town,  and  occasioned  great  consternation 
among  the  inhabitants.  A  shot  passed  through  the  door  of 
Mrs.  Mason's  house,  just  above  the  floor.  The  family  were 
alarmed,  not  knowing  where  to  flee  for  safety.  A  negro 
man  ran  and  sat  himself  down  very  composedly,  with  his 
back  against  the  shot-hole  in  the  door  ;  and,  being  asked  by 
young  Mr.  Mason  why  he  chose  that  situation,  he  replied, 
'  Massa,  you  never  know  two  bullet  go  in  one  place.'  "  — 
Thaclier's  Military  Journal,  pp.  87,  175. 

The  subject  of  the  employment  of  Negro  soldiers 
came  before  the  Connecticut  General  Assembly  in 
1777,  in  connection  with  the  subject  of  slavery  and 
emancipation. 

By  the  courtesy  of  J.  Hammond  Trumbull,  Esquire, 
Editor  of  "  The  Public  Records  of  the  Colony  of 
Connecticut,"  and  Secretary  of  State,  I  am  enabled  to 
give,  in  his  own  words,  the  following  interesting 
account  of  the  action  of  that  State :  — 

"In  May,  1777,  the  General  Assembly  of  Connecticut  Action  of 
appointed   a    Committee    '  to  take  into   consideration   the  nccticut 
state  and  condition  of  the  negro  and  mulatto  slaves  in  this 
State,   and  what   may   be    done    for   their   emancipation.' 
This  Committee,  in  a  report  presented  at  the  same  session 

19 


146  HISTORICAL    RESEARCH. 

Legislation    (signed  by  the  chairman,  the  Hon.  Matthew  Griswold  of 

in  Connect-    I.  .  ,     , 

icut.  Lyme),  recommended  — 


u  t 


That  the  effective  negro  and  mulatto  slaves  be  allowed 
to  enlist  with  the  Continental  battalions  now  raising  in  this 
State,  under  the  following  regulations  and  restrictions : 
viz.,  that  all  such  negro  and  mulatto  slaves  as  can  procure, 
either  by  bounty,  hire,  or  in  any  other  way,  such  a  sum  to 
be  paid  to  their  masters  as  such  negro  or  mulatto  shall  be 
judged  to  be  reasonably  worth  by  the  selectmen  of  the 
town  where  such  negro  or  mulatto  belongs,  shall  be  allowed 
to  enlist  into  either  of  said  battalions,  and  shall  thereupon 
be,  de  facto,  free  and  emancipated;  and  that  the  master  of 
such  negro  or  mulatto  shall  be  exempted  from  the  support 
and  maintenance  of  such  negro  or  mulatto,  in  case  such 
negro  or  mulatto  shall  hereafter  become  unable  to  support 
and  maintain  himself. 

"  '  And  that,  in  case  any  such  negro  or  mulatto  slave  shall 
be  disposed  to  enlist  into  either  of  said  battalions  during 
the  [war],  he  shall  be  allowed  so  .to  do:  and  such  negro  or 
mulatto  shall  be  appraised  by  the  selectmen  of  the  town  to 
which  he  belongs  ;  and  his  master  shall  be  allowed  to  receive 
the  bounty  to  which  such  slave  may  be  entitled,  and  also 
one-half  of  the  annual  wages  of  such  slave  during  the  time 
he  shall  continue  in  said  service ;  provided,  however,  that 
said  master  shall  not  be  allowed  to  receive  such  part  of 
said  wages  after  he  shall  have  received  so  much  as  amounts, 
together  with  the  bounty,  to  the  sum  at  which  he  was 
appraised.' " 

This  report,  in  the  Lower  House,  was  ordered  to 
be  continued  to  the  next  session  of  the  Assembly.  In 
the  Upper  House  it  was  rejected. 

Mr.  Trumbull  writes :  — 

"You  will  see  by  the  Report  of  Committee,  May,  1777, 
that  General  Varnum's  plan  for  the  enlistment  of  slaves 


NEGRO    SOLDIERS   IN    CONNECTICUT.  147 

had  boon  anticipated  in  Connecticut ;  with  this  difference,  legislation 
that  Rhode  Island  adopted  it,  while  Connecticut  did  not.        icut. 

"  The  two  States  reached  nearly  the  same  results  by 
different  methods.  The  unanimous  declaration  of  the  offi 
cers  at  Cambridge,  in  the  winter  of  1775,  against  the 
enlistment  of  slaves,  —  confirmed  by  the  Committee  of 
Congress, —  had  some  weight,  I  think,  with  the  Connecti 
cut  Assembly,  so  far  as  the  formal  enactment  of  a  law 
authorizmcj  such  enlistments  was  in  question.  At  the  same 
time,  Washington's  license  to  continue  the  enlistment  of 
negroes  was  regarded  as  a  rule  of  action,  both  by  the 
selectmen  in  making  up,  and  by  the  State  Government  in 
accepting,  the  quota  of  the  towns.  The  process  of  draught 
ing,  in  Connecticut,  was  briefly  this  :  The  able-bodied  men, 
in  each  town,  were  divided  into  *  classes ' ;  and  each  class 
was  required  to  furnish  one  or  more  men,  as  the  town's 
quota  required,  to  answer  a  draught.  Now,  the  Assembly, 
at  the  same  session  at  which  the  proposition  for  enlisting 
slaves  was  rejected  (May,  1777),  passed  an  act  providing  that 
any  tivo  men  belonging  to  this  State,  '  who  should  procure 
an  able-bodied  soldier  or  recruit  to  enlist  into  either  of  the 
Continental  battalions  to  be  raised  from  this  State,'  should 
themselves  be  exempted  from  draught  during  the  continu 
ance  of  such  enlistment.  Of  recruits  or  draughted  men  thus 
furnished,  neither  the  selectmen  nor  commanding  officers 
questioned  the  color  or  the  civil  status:  white  and  black,  bond 
and  free,  if  '  able-bodied,'  went  on  the  roll  together,  ac 
cepted  as  the  representatives  of  their  '  class,'  or  as  sub 
stitutes  for  their  employers.  At  the  next  session  (October, 
1777),  an  act  was  passed  which  gave  more  direct  encourage 
ment  to  the  enlistment  of  slaves.  By  the  existing  law,  the 
master  who  emancipated  a  slave  was  not  released  from 
the  liability  to  provide  for  his  support.  This  law  was  now 
so  amended,  as  to  authorize  the  selectmen  of  any  town,  on 
the  application  of  the  master,  —  after  'inquiry  into  the 
age,  abilities,  circumstances,  and  character '  of  the  servant 


148  HISTORICAL    RESEARCH. 

Legislation  or  slave,  and  being  satisfied  '  that  it  was  likely  to  be  con- 
icut.°ni  "  sistent  with  his  real  advantage,  and  that  it  was  probable 
that  he  would  be  able  to  support  himself/  —  to  grant  liberty 
for  his  emancipation,  and  to  discharge  the  master  '  from 
any  charge  or  cost  which  may  be  occasioned  by  maintain 
ing  or  supporting  the  servant  or  slave  made  free  as  afore 
said.'  This  enactment  enabled  the  selectmen  to  offer  an 
additional  inducement  to  enlistment,  for  making  up  the 
quota  of  the  town.  The  slave  (or  servant  for  term  of 
years)  might  receive  his  freedom :  the  master  might  secure 
exemption  from  draught,  and  a  discharge  from  future  lia 
bilities,  to  which  he  must  otherwise  have  been  subjected. 
In  point  of  fact,  some  hundreds  of  blacks  —  slaves  and 
freemen  —  were  enlisted,  from  time  to  time,  in  the  regi 
ments  of  State  troops  and  of  the  Connecticut  line.  How 
many,  it  is  impossible  to  tell ;  for,  from  first  to  last,  the 
company  or  regimental  rolls  indicate  no  distinctions  of 
color.  The  name  is  the  only  guide :  and,  in  turning  over 
the  rolls  of  the  Connecticut  line,  the  frequent  recurrence 
of  names  which  were  exclusively  appropriated  to  negroes 
and  slaves,  shows  how  considerable  was  their  proportion  of 
the  material  of  the  Connecticut  army;  white  such  sur 
names  as  '  Liberty,'  '  Freeman,'  '  Freedom,'  &c.,  by  scores, 
indicate  with  what  anticipations,  and  under  what  induce 
ments,  they  entered  the  service. 

"  As  to  the  efficiency  of  the  service  they  rendered,  I 
can  say  nothing  from  the  records,  except  what  is  to  be 
gleaned  from  scattered  files,  such  as  one  of  the  petitions  I 
send  you.  So  far  as  my  acquaintance  extends,  almost 
every  family  has  its  traditions  of  the  good  and  faithful  ser 
vice  of  a  black  servant  or  slave,  who  was  killed  in 
battle,  or  served  through  the  war,  and  came  home  to  tell 
stories  of  hard  fighting,  and  draw  his  pension.  In  my  own 
native  town,  —  not  a  large  one,  —  I  remember  five  such 
pensioners,  three  of  whom,  I  believe,  had  been  slaves,  and, 
in  fact,  lucre  slaves  to  the  day  of  their  death;  for  (and 


NEGRO   SOLDIERS   IN   CONNECTICUT.  149 

this  explains  the  uniform  action  of  the  General  Assembly  on  Legislation 
petitions  for  emancipation)  neither  the  towns  nor  the  State  icut.om 
were  inclined  to  exonerate  the  master,  at  a  time  when  sla 
very  was  becoming  unprofitable,  from  the   obligation  to 
provide  for  the  old  age  of  his  slave. 

"  Col.  William  Browne  of  Salem  (a  '  mandamus  counsel 
lor  '),  who  went  with  the  enemy  from  Boston  in  177G, 
owned  large  tracts  of  land  in  New  London  and  Hartford 
counties  in  Connecticut,  entailed  by  his  grandfather,  Col. 
Samuel  Browne.  The  General  Court  cut  off  the  entail, 
and  confiscated  the  land.  A  farm  in  Lyme  of  twelve  thou 
sand  four  hundred  and  thirty-six  acres,  valued,  in  1779,  at 
a  hundred  and  sixty-nine  thousand  pounds  (Continental), 
had  been  leased  for  a  term  of  years,  with  nine  slaves.  The 
administrator  on  confiscated  estates,  Benjamin  Huntington, 
Esq.,  when  returning  the  inventory  of  Mr.  Browne's  pro 
perty,  stated  to  the  General  Assembly  that  there  were  '  a 
number  of  slaves  appraised,  who  beg  for  their  liberty ;  ' 
and  that  the  lessee  of  the  farm  would  assent  to  their  being 
liberated,  without  requiring  a  diminution  of  his  rent. 

"  Accompanying  the  inventory  is  the  following  petition, 
in  Mr.  Hunting-ton's  hand-writing  :  — 

"'To  the  Hon.  General  Assembly  of  the  State  of  Connecticut,  noiv 
sitting  in  Hartford. 

"  '  The  memorial  of  Great  Prince,  Little  Prince,  Luke,  Petition 
Caesar,  and  Prue  and  her  three  children,  —  all  friends  to  slaves. 
America,   but    slaves    (lately   belonging   to    Col.   William 
Browne,  now  forfeited  to  this  State,)  —  humbly  sheweth, 
that  their  late  master  was  a  Tory,  and  fled  from  his  native 
country  to  7iis  master,  King  George  ;  where  he  now  lives 
like  a  poor  slave. 

"  '  That  your  memorialists,  though  they  have  flat  noses, 
crooked  shins,  and  other  queerness  of  make,  peculiar  to 
Africans,  arc  yet  of  the  human  race,  free-born  in  our  own 


150  HISTORICAL    RESEARCH. 

Petition  country,  taken  from  thence  by  man-stealers,  and  sold  in 
slaves!11  this  country  as  cattle  in  the  market,  without  the  least  act 
of  our  own  to  forfeit  liberty  ;  but  we  hope  our  good 
mistress,  the  free  State  of  Connecticut,  engaged  in  a  war 
with  tyranny,  will  not  sell  good  honest  Whigs  and  friends 
of  the  freedom  and  independence  of  America,  as  we  are,  to 
raise  cash  to  support  the  war :  because  the  Whigs  ought 
to  be  free ;  and  the  Tories  should  be  sold. 

"  '  Wherefore  your  memorialists  pray  your  Honors  to 
consider  their  case,  and  grant  them  their  freedom  upon 
their  getting  security  to  indemnify  the  State  from  any  ex 
pense  for  their  support  in  case  of  want,  or,  in  some  other 
way,  release  them  from  slavery. 

"  '  And  your  poor  negroes,  as  in  duty  bound,  shall  ever 
pray.  " '  GREAT  PRINCE. 

LITTLE  PRINCE. 
LUKE,  <fec. 

"  '  Dated  in  LYME,  Election-day,  1779.' 

"  The  Lower  House  granted,  but  the  Upper  House  nega 
tived,  the  prayer  of  the  memorial.  A  committee  of  con 
ference  was  appointed;  but  each  House  adhered  to  its 
original  vote." 

Rhode  Nowhere  in  the  country  was  the  question  of  negro 

soldiers  more  carefully  considered,  or  the  practice  of 
employing  them  more  generally  adopted,  than  in 
llliode  Island.  Not  only  were  the  names  of  colored 
men  entered  with  those  of  white  citizens  on  the  rolls 
of  the  militia,  but  a  distinct  regiment  of  this  class  of 
persons  was  formed.  The  character  and  conduct 
of  that  regiment  have  an  important  place  in  the  his 
tory  of  the  Revolutionary  War. 

My  valued  friend,  John  llussell  Bartlett,  Esquire, 


NEGRO    SOLDIERS   IN    RHODE   ISLAND.  151 

Editor  of  the  "  Records  of  the  Colony  of  Rhode 
Island  and  Providence  Plantations  in  New  England," 
and  Secretary  of  State,  has  copied  for  me,  from  the 
manuscripts  in  the  State  Archives,  the  correspondence 
and  legislation  relating  to  the  subject.  These  docu 
ments  are  here  presented  entire,  and  give  a  full 
history  of  the  whole  matter. 

GENERAL   WASHINGTON   TO   GOVERNOR   COOKE. 

"HEAD  QUARTERS,  2d  January,  1778. 

"  SIR,  —  Enclosed  you  will  receive  a  copy  of  a  letter 
from  General  Yarnum  to  me,  upon  the  means  which  might 
be  adopted  for  completing  the  Rhode-Island  troops  to  their 
full  proportion  in  the  Continental  Army.  I  have  nothing 
to  say,  in  addition  to  what  I  wrote  on  the  29th  of  last 
month,  on  this  important  subject,  but  to  desire  that  you 
will  give  the  officers  employed  in  this  business  all  the 
assistance  in  your  power. 

"  I  am,  with  great  respect,  Sir,  your  most  obedient 
servant,  "  GEO.  WASHINGTON. 

"  His  Excellency  NICHOLAS  COOKE,  Esq., 
Governor  of  Rhode  Island." 

GENERAL   VARNUM   TO   GENERAL   WASHINGTON. 

"CAMP,  Jan.  2,  1778. 

"  SIR,  —  The  two  battalions  from  the  State  of  Rhode  Is 
land  being  small,  and  there  being  a  necessity  of  the  State's 
furnishing  an  additional  number  to  make  up  their  propor 
tion  in  the  Continental  Army,  the  field-officers  have  repre 
sented  to  me  the  propriety  of  making  one  temporary 
battalion  from  the  two ;  so  that  one  entire  corps  of  officers 
may  repair  to  Rhode  Island,  in  order  to  receive  and  pre 
pare  the  recruits  for  the  field.  It  is  imagined  that  a 
battalion  of  negroes  can  be  easily  raised  there.  Should 
that  measure  be  adopted,  or  recruits  obtained  upon  any 


152  HISTORICAL   RESEARCH. 

Negro          other  principle,  the  service  will  be  advanced.     The  field- 

Khode8 '      officers  who  go  upon  this  command  are  Colonel  Greene, 

Lieut.-Colonel  Olney,  and  Major  Ward;    seven    captains, 

twelve  lieutenants,  six  ensigns,  one  paymaster,  one  surgeon 

and  mate,  one  adjutant,  and  one  chaplain. 

"  I  am  your  Excellency's  most  obedient  servant, 

"J.  M.  VARNUM. 
"  His  Excellency  Gen.  WASHINGTON." 

These  letters  were  laid  before  the  General  Assem 
bly  at  the  February  Session  ;  and,  after  due  delibera 
tion,  the  following  act  was  passed,  not  without  some 
opposition :  — 

"  State  of  Rhode  Inland  and  Providence  Plantations,  in  General 
Assembly.     February  Session,  1778. 

"  Whereas,  for  the  preservation  of  the  rights  and  liberties 
of  the  United  States,  it  is  necessary  that  the  whole  powers  of 
Government  should  be  exerted  in  recruiting  the  Continen 
tal  battalions  ;  and  whereas  His  Excellency,  Gen.  Wash 
ington,  hath  inclosed  to  this  State  a  proposal  made  to  him 
by  Brigadier-General  Varnum,  to  enlist  into  the  two  bat 
talions,  raising  by  this  State,  such  slaves  as  should  be 
willing  to  enter  into  the  service :  and  whereas  history  af- 
. fords  us  frequent  Precedents  of  the  ivisest,  the  freest,  and 
bravest  nations  having  liberated  their  Slaves,  and  inlisted 
them  as  Soldiers  to  fight  in  Defence  of  their  Country ;  and 
also,  whereas,  the  Enemy,  with  a  great  force,  have  taken 
Possession  of  the  Capital  and  of  a  great  Part  of  this  State ; 
and  this  State  is  obliged  to  raise  a  very  considerable  Num 
ber  of  Troops  for  its  own  immediate  Defence,  whereby  it 
is  in  a  Manner  rendered  impossible  for  this  State  to  furnish 
Recruits  for  the  said  two  Battalions  without  adopting  the 
said  Measure  so  recommended : 

"  It  is  Voted  and  Resolved,  That  every  able-bodied  negro, 


NEGRO   REGIMENT   IN   RHODE   ISLAND.  153 

mulatto,  or  Indian  man  slave,  in  this  State,  may  inlist 
into  either  of  the  said  two  battalions  to  serve  during  the 
continuance  of  the  present  war  with  Great  Britain :  that 
every  slave  so  inlisting  shall  be  entitled  to  and  receive  all 
the  bounties,  wages,  and  encouragements  allowed  by  the 
Continental  Congress  to  any  soldier  inlisting  into  their  ser 
vice. 

" It  is  further  Voted  and  Resolved,  That  every  slave  so  in- 
listing  shall,  upon  his  passing  muster  before  Col.  Christopher 
Greene,  be  immediately  discharged  from  the  service  of  his 
master  or  mistress,  and  be  absolutely  FREE,  as  though  lie 
had  never  been  incumbered  with  any  kind  of  servitude  or 
slavery.  And  in  case  such  slave  shall,  by  sickness  or 
otherwise,  be  rendered  unable  to  maintain  himself,  he  shall 
not  be  chargeable  to  his  master  or  mistress,  but  shall  be 
supported  at  the  expense  of  the  State. 

"And  Avhereas  slaves  have  been  by  the  laws  deemed  the 
property  of  their  owners  ;  and  therefore  compensation  ought 
to  be  made  to  the  owners  for  the  loss  of  their  service,  — 

"It  is  further  Voted  and  Resolved,  That  there  be  allowed, 
and  paid  by  this  State  to  the  owner,  for  every  such  slave 
so  inlisting,  a  sum  according  to  his  worth ;  at  a  price  not 
exceeding  one  hundred  and  twenty  pounds  for  the  most 
valuable  slave,  and  in  proportion  for  a  slave  of  less  value : 
Provided  the  owner  of  said  slave  shall  deliver  up  to  the 
officer  who  shall  inlist  him  the  clothes  of  the  said  slave  ;  or 
otherwise  he  shall  not  be  entitled  to  said  sum. 

"  And  for  settling  and  ascertaining  the  value  of  such 
slaves,  — 

"It  is  further  Voted  and  Resolved,  That  a  committee  of 
five  be  appointed,  to  wit :  one  from  each  county  ;  any 
three  of  whom  to  be  a  quorum,  to  examine  the  slaves  who 
shall  be  so  inlisted,  after  they  shall  have  passed  muster, 
and  to  set  a  price  upon  each  slave,  according  to  his  value, 
as  aforesaid. 

"Jt  is  further  Voted  and  Resolved,  That  upon  any  able- 

20 


154  HISTORICAL    RESEARCH. 

bodied  negro,  mulatto,  or  Indian  slave,  inlisting  as  aforesaid, 
the  officer  who  shall  so  inlist  him,  after  ho  has  passed  mus 
ter  as  aforesaid,  shall  deliver  a  certificate  thereof  to  the 
master  or  mistress  of  said  negro,  mulatto,  or  Indian  slave  ; 
which  shall  discharge  him  from  the  service  of  said  master 
or  mistress  as  aforesaid. 

"It  is  further  Voted  and  Resolved,  That  the  committee 
who  shall  estimate  the  value  of  any  slave  as  aforesaid,  shall 
give  a  certificate  of  the  sum  at  which  he  may  be  valued,  to 
the  owner  of  said  slave  :  and  the  General  Treasurer  of  this 
State  is  hereby  empowered  and  directed  to  give  unto  the 
owner  of  said  slave  his  promissory  note,  as  Treasurer,  as 
aforesaid,  for  the  sum  of  money  at  which  he  shall  be  valued 
as  aforesaid,  payable  on  demand,  with  interest,  at  the  rate 
of  six  per  cent,  per  annum ;  and  that  said  notes  which  shall 
be  so  given,  shall  be  paid  with  the  money  which  is  due  this 
State,  and  is  expected  from  Congress,  • — •  the  money  which 
has  been  borrowed  out  of  the  General  Treasury  by  this 
Assembly  being  first  replaced." 

The  members  of  the  General  Assembly  opposed  to 
the  passage  of  this  Act  embodied  their  objections 
to  it  in  a  Protest.  The  difficulties  which  they  appre 
hended  were  not  found  to  exist  to  such  an  extent  as 
to  defeat  the  project. 

"  Protest  against  enlisting  Slaves  to  serve  in  the  Army. 

"  We,  the  subscribers,  beg  leave  to  dissent  from  the 
vote  of  the  Lower  House  ordering  a  regiment  of  negroes 
to  be  raised  for  the  Continental  service,  for  the  following 
reasons  ;  viz. 

"  1st,  Because,  in  our  opinion,  there  is  not  a  sufficient 
number  of  negroes  in  the  State  who  would  have  an  in 
clination  to  inlist,  and  would  pass  muster,  to  constitute  a 
regiment ;  and  raising  several  companies  of  blacks  would 


NEGRO   REGIMENT   IN   RHODE   ISLAND.  155 

not  answer  the  purposes  intended :  and  therefore  the  at 
tempt  to  constitute  said  regiment  would  prove  abortive, 
and  be  a  fruitless  expense  to  the  State. 

"  2d,  The  raising  such  a  regiment  upon  the  footing 
proposed  would  suggest  an  idea,  and  produce  an  opinion 
in  the  world,  that  the  State  had  purchased  a  band  of  slaves 
to  be  employed  in  the  defence  of  the  rights  and  liberties  of 
our  country :  which  is  wholly  inconsistent  with  those  prin 
ciples  of  liberty  and  constitutional  government  for  which 
we  are  so  ardently  contending ;  and  would  be  looked  upon 
by  the  neighboring  States  in  a  contemptible  point  of  view, 
and  not  equal  to  their  troops ;  and  they  would,  therefore, 
be  unwilling  that  we  should  have  credit  for  them  as  for  an 
equal  number  of  white  troops ;  and  would  also  give  occa 
sion  to  our  enemies  to  suspect  that  we  are  not  able  to 
procure  our  own  people  to  oppose  them  in  the  field,  and 
to  retort  upon  us  the  same  kind  of  ridicule  wre  so  liberally 
bestowed  upon  them  on  account  of  Dunmore's  regiment 
of  blacks  ;  or  possibly  might  suggest  to  them  the  idea  of 
employing  black  regiments  against  us. 

"  3d,  The  expense  of  purchasing  and  inlisting  said 
regiment,  in  the  manner  proposed,  will  vastly  exceed  the 
expenses  of  raising  an  equal  number  of  white  men ;  and, 
at  the  same  time,  will  not  have  the  like  good  effect. 

"  4th,  Great  difficulties  and  uneasiness  will  arise  in 
purchasing  the  negroes  from  their  masters  ;  and  many 
of  the  masters  will  not  be  satisfied  with  any  prices  al 
lowed. 

"JoiiN  NORTHUP.  GEORGE  PEIRCE. 

JAMES  BABCOCK,  Jr.  SYLVESTER  GARDNER. 

OTHNIEL  GORTON.  SAMUEL  BABCOCK." 

THE  GOVERNOR  OF  RHODE  ISLAND  TO  GEN.  WASHINGTON. 

"PROVIDENCE,  Feb.  23,  1778. 

"  SIR,  —  I  have  been  favored  with  your  Excellency's 
letter  of  the  third  instant  [2d  ultimo?],  enclosing  a  pro- 


15G  HISTOEICAL    EESEAECH. 

posal  made  to  you  by  General  Varmim  for  recruiting  the 
two  Continental  battalions  raised  by  this  State. 

"  I  laid  the  letter  before  the  General  Assembly  at  their 
session,  on  the  second  Monday  in  this  month  ;  who,  con 
sidering  the  pressing  necessity  of  filling  up  the  Continental 
Army,  and  the  peculiarly  difficult  circumstances  of  this 
State,  —  which  rendered  it,  in  a  manner,  impossible  to 
recruit  our  battalions  in  any  other  way,  —  adopted  the 
measure. 

"  Liberty  is  given  to  every  effective  slave  to  enter  the 
service  during  the  war ;  and,  upon  his  passing  muster,  he 
is  absolutely  made  free,  and  entitled  to  all  the  wages,  boun 
ties,  and  encouragements  given  by  Congress  to  any  soldier 
enlisting  into  their  service.  The  masters  are  allowed  at 
the  rate  of  £120  for  the  most  valuable  slave,  and  in  pro 
portion  to  those  of  less  value. 

"  The  number  of  slaves  in  this  State  is  not  great ;  but 
it  is  generally  thought  that  three  hundred  and  upwards 
will  be  enlisted. 

"  I  am,  with  great  respect,  Sir,  your  Excellency's  most 
obedient,  humble  servant,  "  NICHOLAS  COOKE. 

"To  Gen.  WASHINGTON." 

At  the  session  of  the  General  Assembly  in  which 
the  Act  was  passed, — 

"  It  is  voted  and  resolved,  That  Messrs.  Thomas  Eumreil, 
Christopher  Lippitt,  Samuel  Babcock,  Thomas  Tillinghast, 
and  Josiah  Humphrey,  be,  and  they  are  hereby,  appointed 
a  committee  to  estimate  the  value  of  the  slaves  who  may 
enlist  into  the  Continental  battalions,  agreeably  to  a  re 
solve  of  this  Assembly." 

A  short  time  after  the  act  was  passed,  March  the 
9th,  — 

"  It  is  voted  and  resolved,  That  the  masters  of  all  negro 


NEGRO    REGIMENT   IN   RHODE   ISLAND.  157 

slaves,  who  are  bound  out  as  apprentices,  that  already 
have  inlisted  or  shall  inlist  into  the  Continental  service, 
shall  be  entitled  to  receive  out  of  the  General  Treasury 
the  annual  interest  of  the  sum  the  said  slaves  shall  be 
appraised  at,  until  the  expiration  of  their  apprenticeships ; 
and  that  the  money  remain  in  the  treasury  until  the  expi 
ration  of  the  said  apprenticeships,  and  then  be  paid  to 
the  owner  without  interest." 

As  it  was  not  desirable  to  extend  indefinitely  the 
offer  of  freedom  to  slaves  enlisting  imder  this  act, 
the  General  Assembly,  at  their  May  Session,  adopted 
the  following  preamble  and  resolution :  — 

"  "Whereas,  by  an  act  of  this  Assembly,  negro,  mulatto, 
and  Indian  slaves,  belonging  to  the  inhabitants  of  this 
State,  are  permitted  to  inlist  into  the  Continental  batta 
lions  ordered  to  be  raised  by  this  State,  and  are  thereupon 
for  ever  manumitted  and  discharged  from  the  service  of 
their  masters ;  and  whereas  it  is  necessary,  for  answering 
the  purposes  intended  by  the  said  act,  that  the  same  shall 
be  temporary,— 

"  It  is  therefore  voted  and  resolved,  that  no  negro,  mu 
latto,  or  Indian  slave,  be  permitted  to  inlist  into  said 
battalions  from  and  after  the  tenth  day  of  June  next ;  and 
that  the  said  act  then  expire,  and  be  no  longer  in  force, 
any  thing  therein  to  the  contrary  notwithstanding." 

At  the  October  Session,  1778, — 

"  It  is  voted  and  resolved,  That  the  General  Treasurer 
pay  unto  the  owners  of  slaves  who  have  enlisted  as  afore 
said,  and  who  have  not  received  notes  for  the  estimated 
value  of  the  same,  the  sums  of  money  at  which  they  were 
appraised,  upon  their  producing  certificates  thereof  from 
the  committee  appointed  to  give  the  same ;  and  that  the 
said  owners  be  permitted  to  receive  the  whole  or  any  part 


158  HISTORICAL    RESEARCH. 

of  the  value  of  their  slaves  in  Continental  loan-office  cer 
tificates." 

There  is  abundant  evidence  of  the  fidelity  and 
bravery  of  the  colored  patriots  of  Rhode  Island  dur 
ing  the  whole  war.  Before  they  had  been  formed 
into  a  separate  regiment,  they  had  fought  valiantly 
with  the  white  soldiers  at  Red  Bank  and  elsewhere. 
Their  conduct  at  the  "  Battle  of  Rhode  Island,"  on 
the  29th  of  August,  1778,  entitles  them  to  perpetual 
honor.  That  battle  has  been  pronounced  by  military 
authorities  to  have  been  one  of  the  best  fought  battles 
of  the  Revolutionary  War.  Its  success  was  owing,  in 
a  great  degree,  to  the  good  fighting  of  the  Negro  sol 
diers.  Mr.  Arnold,  in  his  "  History  of  Rhode  Island,1' 
thus  closes  his  account  of  it :  — 

Colonel  "  A  third  time  the  enemy,  with  desperate  courage  and 

Black  increased  strength,  attempted  to  assail  the  redoubt,  and 
would  have  carried  it,  but  for  the  timely  aid  of  two  Con 
tinental  battalions  despatched  by  Sullivan  to  support  his 
almost  exhausted  troops.  It  was  in  repelling  these  furi 
ous  onsets,  that  the  newly  raised  black  regiment,  under 
Col.  Greene,  distinguished  itself  by  deeds  of  desperate 
valor.  Posted  behind  a  thicket  in  the  valley,  they  three 
times  drove  back  the  Hessians,  who  charged  repeatedly 
down  the  hill  to  dislodge  them ;  and  so  determined  were 
the  enemy  in  these  successive  charges,  that,  the  day  after 
the  battle,  the  Hessian  colonel,  upon  whom  this  duty  had 
devolved,  applied  to  exchange  his  command,  and  go  to 
New  York,  because  he  dared  not  lead  his  regiment  again 
to  battle,  lest  his  men  should  shoot  him  for  having  caused 
them  so  much  loss."  —  Arnold's  History  of  Rhode  Island, 
vol.  ii.  pp.  427,  428. 


RHODE   ISLAND   AND    MASSACHUSETTS.  159 

Three  years  later,  these  soldiers  are  thus  men 
tioned  by  the  Marquis  de  Chastellux :  — 

"  The  5th  [of  January,  1781]  I  did  not  set  out  till  eleven, 
although  I  had  thirty  miles'  journey  to  Lebanon.  At  the 
passage  to  the  ferry,  I  met  with  a  detachment  of  the  Rhode- 
Island  regiment,  —  the  same  corps  we  had  with  us  all  the 
last  summer ;  but  they  have  since  been  recruited  and 
clothed.  The  greatest  part  of  them  are  negroes  or  mulat- 
toes  :  but  they  are  strong,  robust  men  ;  and  those  I  have 
seen  had  a  very  good  appearance."  —  CliasteUux1  Travels, 
vol.  i.  p.  454;  London,  1789. 

When  Colonel  Greene  was  surprised  and  murdered, 
near  Points  Bridge,  New  York,  on  the  14th  of  May, 
1781,  his  colored  soldiers  heroically  defended  him  till 
they  were  cut  to  pieces,  and  the  enemy  reached  him 
over  the  dead  bodies  of  his  faithful  negroes. 


D 


In  the  spring  of  1778,  the  General  Court  of  Mas- 
sachusetts,  also,  was  invoked  to  sanction  the  enrolling 
of  nc^ro  soldiers.  This  would  not  have  been  without 

O 

a  precedent  in  her  earlier  legislation;  for,  in  1652, 
"negroes  and  Scotchmen"  (the  indented  captives  of 
Cromwell,  who  had  encountered  his  army  at  the 
battle  of  Dunbar)  were  alike,  by  law,  obliged  to  train 
in  the  militia :  and,  whatever  reason  afterwards  led 
to  a  change  of  the  law,  it  docs  not  seem  to  have  been 
a  question  of  color  or  of  military  aptitude  ;  for  the 
white  veterans  and  the  negroes  were  treated  in  this 
matter  without  distinction. 

On  the  3d  and  the  7th  of  April,  1778,  just  before 
the  doings  of  the  Rhode-Island  General  Assembly 
were  communicated  to  the  Legislature  of  Massachu- 


160  HISTORICAL    EESEARCH. 

setts,  Thomas  Kench,  belonging  to  a  regiment  of 
artillery  then  at  Castle  Island,  addressed  to  the  Ge 
neral  Court  the  following  letters,  which  speak  for 
themselves :  — 

"  To  the  Honorable  Council,  and  House  of  Representatives,  Boston, 
or  at  Roxbury. 

"  HONORED  GENTLEMEN,  —  At  the  opening  of  this  cam 
paign,  our  forces  should  be  all  ready,  well  equipped  with 
arms  and  ammunition,  with  clothing  sufficient  to  stand  them 
through  the  campaign,  their  wages  to  be  paid  monthly,  so 
as  not  to  give  the  soldiery  so  much  reason  of  complaint  as 
it  is  the  general  cry  from  the  soldiery  amongst  whom  I  am 
connected. 

"  We  have  accounts  of  large  re-enforcements  a-coming 
over  this  spring  against  us  ;  and  we  are  not  so  strong  this 
spring,  I  think,  as  we  were  last.  Great  numbers  have 
deserted;  numbers  have  died,  besides  what  is  sick,  and 
incapable  of  duty,  or  bearing  arms  in  the  field. 

"  I  think  it  is  highly  necessary  that  some  new  augmen 
tation  should  be  added  to  the  army  this  summer,  —  all  the 
re-enforcements  that  can  possibly  be  obtained.  For  now 
is  the  time  to  exert  ourselves  or  never ;  for,  if  the  enemy 
can  get  no  further  hold  this  campaign  than  they  now 
possess,  we  [have]  no  need  to  fear  much  from  them  here 
after. 

"  A  re-enforcement  can  quick  be  raised  of  two  or  three 
hundred  men.  Will  your  honors  grant  the  liberty,  and 
give  me  the  command  of  the  party  ?  And  what  I  refer  to  is 
negroes.  We  have  divers  of  them  in  our  service,  mixed 
with  white  men.  But  I  think  it  would  be  more  proper  to 
raise  a  body  by  themselves,  than  to  have  them  intermixed 
with  the  white  men ;  and  their  ambition  would  entirely  be 
to  outdo  the  white  men  in  every  measure  that  the  fortune 
of  war  calls  a  soldier  to  endure.  And  I  could  rely  with 
dependence  upon  them  in  the  field  of  battle,  or  to  any 
post  that  I  was  sent  to  defend  with  them ;  and  they  'would 


NEGRO   SOLDIERS   IN   MASSACHUSETTS.  161 

think  themselves  happy  could  they  gain  their  freedom  by   Thomas 

f         I  A     •  *1      4-    •      •  T  Kcilcll'S 

bearing  a  part  01  subduing  the  enemy  that  is  invading  our  letter. 
land,  and  clear  a  peaceful  inheritance  for  their  masters,  and 
posterity  yet  to  come,  that  they  are  now  slaves  to. 

"  The  method  that  I  would  point  out  to  your  Honors  in 
raising  a  detachment  of  negroes  ;  —  that  a  company  should 
consist  of  a  hundred,  including  commissioned  officers  ;  and 
that  the  commissioned  officers  should  be  white,  and  consist 
of  one  captain,  one  captain-lieutenant,  two  second  lieuten 
ants  ;  the  orderly  sergeant  white ;  and  that  there  should 
be  three  sergeants  black,  four  corporals  black,  two  drums 
and  two  fifes  black,  and  eighty-four  rank  and  file.  These 
should  engage  to  serve  till  the  end  of  the  war,  and  then  bo 
free  men.  And  I  doubt  not,  that  no  gentleman  that  is  a 
friend  to  his  country  will  disapprove  of  this  plan,  or  be 
against  his  negroes  enlisting  into  the  service  to  maintain 
the  cause  of  freedom,  and  suppress  the  worse  than  savage 
enemies  of  our  land. 

"  I  beg  your  Honors  to  grant  me  the  liberty  of  raising 
one  company,  if  no  more.  It  will  be  far  better  than  to  fill 
up  our  battalions  with  runaways  and  deserters  from  Gen. 
Burgoyne's  army,  who,  after  receiving  clothing  and  the 
bounty,  in  general  make  it  their  business  to  desert  from  us. 
In  the  lieu  thereof,  if  they  are  [of]  a  mind  to  serve  in 
America,  let  them  supply  the  families  of  those  gentlemen 
where  those  negroes  belong  that  should  engage. 

"  I  rest,  relying  on  your  Honors'  wisdom  in  this  matter, 
as  it  will  be  a  quick  way  of  having  a  re-enforcement  to 
join  the  grand  army,  or  to  act  in  any  other  place  that  occa 
sion  shall  require  ;  and  I  will  give  my  faith  and  assurance 
that  I  will  act  upon  honor  and  fidelity,  should  I  take  the 
command  of  such  a  party  as  I  have  been  describing. 

"  So  I  rest  till  your  Honors  shall  call  me  ;  and  am  your 
very  humble  and  obedient  servant, 

"  THOMAS  KENCH, 

"  In  Col.  Craft's  Regiment  of  Artillery,  now  on  Castle  Island. 

"  CASTLE  ISLAND,  April  3,  1778." 

21 


162  HISTORICAL    RESEARCH. 

"  To  (he  Honorable  Council  in  Boston. 
Thomas         a  f]ie  letter  I  wrote  before  I  heard  of  the  disturbance 

Kench  s 

second  with  Col.  Scares,  Mr.  Spear,  and  a  number  of  other  gentle 
men,  concerning  the  freedom  of  negroes  in  Congress 
Street.  It  is  a  pity  that  riots  should  be  committed  on  the 
occasion,  as  it  is  justifiable  that  negroes  should  have  their 
freedom,  and  none  amongst  us  be  held  as  slaves,  as  free 
dom  and  liberty  is  the  grand  controversy  that  we  are 
contending  for ;  and  I  trust,  under  the  smiles  of  Divine 
Providence,  we  shall  obtain  it,  if  all  our  minds  can  but  be 
united ;  and  putting  the  negroes  into  the  service  will  pre 
vent  much  uneasiness,  and  give  more  satisfaction  to  those 
that  are  offended  at  the  thoughts  of  their  servants  being- 
free. 

"  I  will  not  enlarge,  for  fear  I  should  give  offence ;  but 
subscribe  myself,  Your  faithful  servant, 

"  THOMAS  KENCH. 

"CASTLE  ISLAND,  April  7,  1778." 

(Archives  of  Massachusetts,  vol.  cxcix.  pp.  80,  84.) 

On  the  llth  of  April,  the  former  of  the  above 
letters  was  duly  referred  to  a  joint  committee,  "  to 
consider  the  same,  and  report."  On  the  17th,  "  a  re 
solution  of  the  General  Assembly  of  Rhode  Island  for 
enlisting  negroes  in  the  public  service  "  was  referred 
to  the  same  committee.  On  the  28th,  they  reported 
the  draught  of  a  law,  differing  little  from  the  Rhode- 
Island  Resolution :  but  a  separate  organization  of  ne 
gro  companies,  by  Kench,  does  not  appear  to  have  been 
deemed  advisable  at  that  time  ;  and  the  usage  was  con 
tinued,  of  "having,"  in  the  words  of  Kcnch,  "  negroes 
in  our  service,  intermixed  with  the  white  men." 

Many  other  specimens  of  legislative  action  on  the 
subject  in  the  Northern  and  Middle  States  might  be 


MARYLAND  AND  NEW  YORK.  1G3 

produced  ;  but  enough  have  already  been  given  to 
show  the  general  current  of  public  sentiment  in  this 
part  of  the  country.  An  extract  from  a  letter  to 
Washington,  written  by  John  Cadwalader  at  Anna 
polis,  Md.,  June  5,  1781,  relates  to  the  doings  of 
that  State  :  — 

"  We  have  resolved  to  raise,  immediately,  seven  hundred  Maryland. 
and  fifty  negroes,  to  be  incorporated  with  the  other  troops  ; 
and  a  bill  is  now  almost  completed." — Sparks1  s  Correspond 
ence  of  the  American  Revolution,  vol.  iii.  p.  331. 

In  an  act  passed  by  the  Legislature  of  New  York, 
March  20,  1781,  for  the  purpose  of  raising  two  regi 
ments  upon  the  inducement  of  "  bounty  lands  unap 
propriated,"  is  to  be  found  the  following  section :  — 

"  SECT.  6.  —  And  be  it  further  enacted  by  the  authority  New  York, 
aforesaid,  that  any  person  who  shall  deliver  one  or  more 
of  his  or  her  able-bodied  male  slaves  to  any  warrant 
officer,  as  aforesaid,  to  serve  in  either  of  the  said  regi 
ments  or  independent  corps,  and  produce  a  certificate 
thereof,  signed  by  any  person  authorized  to  muster  and 
receive  the  men  to  be  raised  by  virtue  of  this  act,  and  pro 
duce  such  certificate  to  the  Surveyor-General,  shall,  for 
every  male  slave  so  entered  and  mustered  as  aforesaid,  be 
entitled  to  the  location  and  grant  of  one  right,  in  manner 
as  in  and  by  this  act  is  directed ;  and  shall  be,  and  hereby 
is,  discharged  from  any  future  maintenance  of  such  slave, 
any  law  to  the  contrary  notwithstanding :  And  such  slave 
so  entered  as  aforesaid,  who  shall  serve  for  the  term  of 
three  years  or  until  regularly  discharged,  shall,  immediately 
after  such  service  or  discharge,  be,  and  is  hereby  declared 
to  be,  a  free  man  of  this  State."  —  Laws  of  the  State  of 
New  York,  Chap.  32;  (March  20,  1781,  Fourth  Session.) 


164  HISTOKICAL    RESEARCH. 

Tacitly  or  by  positive  law,  the  policy  of  arming 
the  negroes  and  employing  them  as  soldiers,  either 
in  separate  companies  or  mingled  in  the  ranks  with 
white  citizens,  almost  everywhere  prevailed.  In. 
Georgia  and  South  Carolina,  however,  where  there 
was  the  most  urgent  call  for  more  troops,  and  where 
the  slave-holders  were  backward  in  enlisting,  the 
case  was  different.  These  States,  it  will  be  remem 
bered,  contained  so  many  Tories,  whose  sympathies 
were  with  the  enemy,  that  it  was  impossible  to  obtain 
from  them  enough  soldiers  for  a  "  home-guard." 

It  may  not  be  amiss  for  Massachusetts  men  to  re 
fresh  their  memories  by  referring  to  the  history  of 
their  Commonwealth  in  regard  to  supplying  soldiers 
during  the  Revolution ;  and  it  may  be  well  for  all  to 
notice,  that,  where  there  was  the  greatest  opposition 
to  the  arming  and  employing  of  negroes  as  soldiers, 
there  was  the  least  disposition  to  furnish  a  fair  supply 
of  white  soldiers.  The  following  items  of  Revolu 
tionary  history  were  published  several  years  since  by 
our  associate,  the  Hon.  Lorenzo  Sabine,  in  the  histo 
rical  essay  prefixed  to  his  excellent  history  of  the 
' '  American  Loyalists : " — 

Where  the  "  The  whole  number  of  regulars  enlisted  for  the  Conti- 
came  from,  nental  service,  from  the  beginning  to  the  close  of  the 
struggle,  was  231,959.  Of  these,  I  have  once  remarked, 
G7,907  were  from  Massachusetts  ;  and  I  may  now  add,  that 
every  State  south  of  Pennsylvania  provided  but  59,493,  or 
8,414  less  than  this  single  State ;  and  that  New  England  — 
now,  I  grieve  to  say,  contemned  and  reproached  —  equipped 
and  maintained  118,350,  or  above  half  of  the  number  placed 


STATISTICS    OF   THE   ARMY.  1G5 

at  the  service  of  Congress  during  the  war.  I  would  not  Where  the 
press  these  facts  to  the  injury  of  the  Whigs  of  the  South,  came  from. 
The  war,  after  the  evacuation  of  Boston,  I  am  aware,  was 
transferred  from  New  England  to  the  Middle  and  Southern 
States;  and  these  States  accordingly  required  bodies  of 
troops  to  be  kept  at  home  to  protect  themselves.  But  as  it 
is  to  be  presumed  that  most  of  such  bodies  composed  a  part 
of  the  regular  force  employed  by  Congress,  and  were, 
therefore,  included  in  the  Continental  establishment  and 
pay,  the  argument  is  in  no  essential  particular  weakened 
by  the  admission,  that  the  Whigs  of  the  South  were,  of 
necessity,  employed  in  the  defence  of  their  own  firesides ; 
for,  were  this  the  truth  of  the  case,  the  numbers  in  this 
service,  as  well  as  in  other,  would  still  appear,  in  making 
up  the  aggregate  force  enlisted  from  time  to  time  in  each 
State.  The  exact  question  is,  then,  not  ivhere  were  the 
battle-grounds  of  the  Revolution,  but  what  was  the  propor 
tion  of  men  which  each  of  the  thirteen  States  supplied  for 
the  contest. 

"  In  considering  the  political  condition  of  Virginia  and 
North  Carolina,  it  was  admitted  that  these  States  wrere  not 
able  to  provide  troops  according  to  their  population,  as 
compared  with  the  States  destitute  of  a  '  peculiar  institu 
tion.'  The  same  admission  is  now  made  in  behalf  of  South 
Carolina.  Yet  did  6,GGO  Whig  soldiers  exhaust  her  re 
sources  of  men  ?  Could  she  furnish  only  752  more  than 
Rhode  Island,  the  smallest  State  in  the  Confederacy  ;  only 
one-fifth  of  the  number  of  Connecticut ;  only  one-half  as 
many  as  New  Hampshire,  then  almost  an  unbroken  wilder 
ness?  She  did  not:  she  could  not  defend  herself  against 
her  own  Tories ;  and  it  is  hardly  an  exaggeration  to  add, 
that  more  Whigs  of  New  England  were  sent  to  her  aid,  and 
now  lie  buried  in  her  soil,  than  she  sent  from  it  to  every  scene 
of  strife  from  Lexington  to  Yorktown. 

"  South  Carolina,  with  a  Northern  army  to  assist  her, 
could  not  or  would  not  even  preserve  her  own  capital. 


166  HISTORICAL   RESEARCH. 

Where  the  When  news  reached  Connecticut  that  Gage  had  sent  a 
camcTfrom.  force  into  the  country,  and  that  blood  had  been  shed,  Put 
nam  was  at  work  in  his  field.  Leaving  his  plough  in  the 
furrow,  he  started  for  Cambridge,  without  changing  his 
garments.  When  Stark  heard  the  same  tidings,  he  was 
sawing  pine-logs,  and  without  a  coat:  shutting  down  the 
gate  of  his  mill,  he  commenced  his  journey  to  Boston  in 
his  shirt-sleeves.  The  same  spirit  animated  the  Whigs  far 
and  near ;  and  the  capital  of  New  England  was  invested 
with  fifteen  thousand  armed  men. 

"  How  was  it  at  Charleston  ?  That  city  was  the  great 
mart  of  the  South,  and,  what  Boston  still  is,  the  centre  of 
the  export  and  import  trade  of  a  large  population.  In 
grandeur,  in  splendor  of  buildings,  in  decorations,  in  equi 
pages,  in  shipping  and  commerce,  Charleston  was  equal  to 
any  city  in  America.  But  its  citizens  did  not  rally  to  save 
it ;  and  Gen.  Lincoln  was  compelled  to  accept  of  terms  of 
capitulation.  He  was  much  censured  for  the  act.  Yet 
whoever  calmly  examines  the  circumstances  Avill  be  satis 
fied,  I  think,  that  the  measure  was  unavoidable ;  and  that 
the  inhabitants,  as  a  body,  preferred  to  return  to  their  alle 
giance  to  the  British  Crown.  The  people,  on  whom  Con 
gress  and  Gen.  Lincoln  depended  to  complete  his  force, 
refused  to  enlist  under  the  Whig  banner ;  but,  after  the 
surrender  of  the  city,  they  flocked  to  the  royal  standard  by 
hundreds.  In  a  word,  so  general  was  the  defection,  that 
persons  who  had  enjoyed  Lincoln's  confidence  joined  the 
royal  side ;  and  men  who  had  participated  in  his  councils 
bowed  their  necks  anew  to  the  yoke  of  Colonial  vassalage. 
Sir  Henry  Clinton  considered  his  triumph  complete,  and 
communicated  to  the  ministry  the  intelligence  that  the 
whole  State  had  yielded  submission  to  the  royal  arms,  and 
had  become  again  a  part  of  the  empire.  To  the  women  of 
South  Carolina,  and  to  Marion,  Sumpter,  and  Pickens,  the 
celebrated  partisan  chiefs,  who  kept  the  field  without 
the  promise  of  men,  money,  or  supplies,  it  was  owing  that 


STATISTICS    OF   THE    ARMY.  167 

Sir  Henry's  declaration  did  not  prove  entirely  true  for  a 
time,  and  that  the  name  and  the  spirit  of  liberty  did  not 
become  utterly  extinct."  -  The  American  Loyalists,  pp. 
30-33. 

This  statement  was  not  allowed  to  pass  without 
contradiction,  and  the  author  of  it  wras  fiercely  re 
proached.  His  facts  and  figures  were  called  in  ques 
tion  ;  but  they  were  not  proved  to  be  incorrect.  From 
a  recent  careful  examination  of  the  statistics  as  con 
tained  in  the  official  report  of  General  Knox,  the 
Secretary  of  War,  made  to  Congress  in  1790,  I  am 
satisfied  that  Mr.  Sabine,  in  this  case,  has  not  depart 
ed  from  his  general  practice  of  stating  with  scrupulous 
accuracy  and  impartiality  the  simple  facts  relating  to 
his  subject. 

The  difficulty  of  obtaining  a  sufficient  number  of 
white  soldiers  in  the  Southern  States  to  defend  them 
from  the  invasion  of  the  enemy,  and  the  fact  that  the 
employment  of  negroes,  where  the  practice  had  pre 
vailed,  had  proved  entirely  successful,  led  to  a  vigor 
ous  effort  in  Congress  and  elsewhere  to  secure  the 
services  of  this  class  of  persons  for  increasing  the 
army,  particularly  in  Georgia  and  South  Carolina. 
Colonel  John  Laurens,  of  South  Carolina,  was  one 
of  the  most  earnest  advocates  of  the  measure.  His 
father,  the  Hon.  Henry  Laurens,  on  the  16th  of 
March,  1779,  wrote  to  Washington:  — 

"  Our  affairs  in  the  Southern  department  are  more  fa-  Henry 
vorable   than  we  had  considered  them  a  few  days  ago ;  to  Wash- 
nevertheless,  the  country  is  greatly  distressed,  and  will  be  luston- 


1G8  HISTORICAL    RESEARCH. 

more  so  unless  further  reinforcements  are  sent  to  its  relief. 
Had  we  arms  for  three  thousand  such  black  men  as  I  could 
select  in  Carolina,  I  should  have  no  doubt  of  success  in 
driving  the  British  out  of  Georgia,  and  subduing  East 
Florida,  before  the  end  of  July."  -  -  /Sparks's  Washington, 
vol.  vi.  p.  204,  note. 

In  his  reply  to  Mr.  Laurens,  on  the  20th  of  the 
same  month,  Washington,  with  his  characteristic 
caution  and  modesty,  suggests  his  doubts,  but  adds 
that  they  are  "  only  the  first  crude  ideas  "  that  struck 
him. 

Washing-  «  The  policy  of  our  arming  slaves,  is,  in  my  opinion,  a 
Henry  moot  point,  unless  the  enemy  set  the  example.  For,  should 
we  begin  to  form  battalions  of  them,  I  have  not  the  smallest 
doubt,  if  the  war  is  to  be  prosecuted,  of  their  following  us 
in  it,  and  justifying  the  measure  upon  our  own  ground. 
The  contest  then  must  be,  who  can  arm  fastest.  And  where 
are  our  arms  ?  Besides,  I  am  not  clear  that  a  discrimina 
tion  will  not  render  slavery  more  irksome  to  those  who 
remain  in  it.  Most  of  the  good  and  evil  things  in  this  life 
are  judged  of  by  comparison ;  and  I  fear  a  comparison  in 
this  case  will  be  productive  of  much  discontent  in  those 
who  are  held  in  servitude.  But,  as  this  is  a  subject  that 
has  never  employed  much  of  my  thoughts,  these  are  no 
more  than  the  first  crude  ideas  that  have  struck  me  upon 
the  occasion."  -  -  Sparks' s  Washington,  vol.  vi.  p.  204. 

Alexander  Hamilton,  who  had  thought  much  on 
the  subject,  and  had  considered  it  in  its  various  rela 
tions,  gave  his  unqualified  and  hearty  support  to  the 
measure.  In  a  letter  to  Mr.  Jay,  which  has  been 
preserved  and  published,  he  states  his  views  with 
great  clearness :  — 


HAMILTON    RECOMMENDS   NEGRO    ENLISTMENTS.  1G9 

"  HEADQUARTERS,  March  14,  1779. 
"  To  JOHN  JAY. 

"  DEAR  SIR,  —  Col.  Laurens,  who  will  have  the  honor  of  Alexander 

7       .  .  Hamilton 

delivering  you  this  letter,  is  on  his  way  to  South  Carolina,  on  ne^i-o 
on  a  project  which  I  think,  in  the  present  situation  of 
affairs  there,  is  a  very  good  one,  and  deserves  every  kind 
of  support  and  encouragement.  This  is,  to  raise  two, 
three,  or  four  battalions  of  negroes,  with  the  assistance  of 
the  government  of  that  State,  by  contributions  from  the 
owners,  in  proportion  to  the  number  they  possess.  If  you 
should  think  proper  to  enter  upon  the  subject  with  him,  he 
will  give  you  a  detail  of  his  plan.  He  wishes  to  have  it 
recommended  by  Congress  to  the  State  ;  and,  as  an  induce 
ment,  that  they  should  engage  to  take  those  battalions  into 
Continental  pay. 

"  It  appears  to  me,  that  an  expedient  of  this  kind,  in  the 
present  state  of  Southern  affairs,  is  the  most  rational  that 
can  be  adopted,  and  promises  very  important  advantages. 
Indeed,  I  hardly  see  how  a  sufficient  force  can  be  collected 
in  that"  quarter  without  it ;  and  the  enemy's  operations 
there  are  growing  infinitely  more  serious  and  formidable. 
I  have  not  the  least  doubt  that  the  negroes  will  make  very 
excellent  soldiers  with  proper  management ;  and  I  will 
venture  to  pronounce,  that  they  cannot  be  put  into  better 
hands  than  those  of  Mr.  Laurens.  He  has  all  the  zeal, 
intelligence,  enterprise,  and  every  other  qualification,  neces 
sary  to  succeed  in  such  an  undertaking.  It  is  a  maxim 
with  some  great  military  judges,  that,  with  sensible  officers, 
soldiers  can  hardly  be  too  stupid  ;  and,  on  this  principle,  it 
is  thought  that  the  Russians  would  make  the  best  troops  in 
the  world,  if  they  were  under  other  officers  than  their  own. 
The  King  of  Prussia  is  among  the  number  who  maintain 
this  doctrine ;  and  has  a  very  emphatic  saying  on  the  occa 
sion,  which  I  do  not  exactly  recollect.  I  mention  this 
because  I  hear  it  frequently  objected  to  the  scheme  of  em 
bodying  negroes,  that  they  are  too  stupid  to  make  soldiers. 


170  HISTORICAL    RESEARCH. 

This  is  so  far  from  appearing  to  me  a  valid  objection,  that  I 
think  their  want  of  cultivation  (for  their  natural  faculties 
are  probably  as  good  as  ours),  joined  to  that  habit  of  subor 
dination  which  they  acquire  from  a  life  of  servitude,  will 
make  them  sooner  become  soldiers  than  our  white  inhabi 
tants.  Let  officers  be  men  of  sense  and  sentiment;  and 
the  nearer  the  soldiers  approach  to  machines,  perhaps  the 
better. 

"  I  foresee  that  this  project  will  have  to  combat  much 
opposition  from  prejudice  and  self-interest.  The  contempt 
we  have  been  taught  to  entertain  for  the  blacks  makes  us 
fancy  many  things  that  are  founded  neither  in  reason  nor 
experience  ;  and  an  unwillingness  to  part  with  property  of 
so  valuable  a  kind  will  furnish  a  thousand  arguments  to 
show  the  impracticability  or  pernicious  tendency  of  a  scheme 
which  requires  such  a  sacrifice.  But  it  should  be  consid 
ered,  that,  if  we  do  not  make  use  of  them  in  this  way,  the 
enemy  probably  will ;  and  that  the  best  way  to  counteract 
the  temptations  they  will  hold  out  will  be  to  oifer  them 
ourselves.  An  essential  part  of  the  plan  is  to  give  them  their 
freedom  with  their  muskets.  This  will  secure  their  fidel 
ity,  animate  their  courage,  and,  I  believe,  will  have  a  good 
influence  upon  those  who  remain,  by  opening  a  door  to 
their  emancipation.  This  circumstance,  I  confess,  has  no 
small  weight  in  inducing  me  to  wish  the  success  of  the  pro 
ject  ;  for  the  dictates  of  humanity,  and  true  policy,  equally 
interest  me  in  favor  of  this  unfortunate  class  of  men. 

"  With  the  truest  respect  and  esteem, 

"  I  am,  Sir,  your  most  obedient  servant, 

"ALEX.  HAMILTON." 

(Life  of  John  Jay,  by  William  Jay,  vol.  ii.  pp.  31,  32.) 

Congress,  although  it  had  no  power  to  control  the 
action  of  the  individual  States  in  this  matter,  consid 
ered  the  subject  so  important,  that  it  was  referred  to 


CONGRESS  RECOMMENDS  NEGRO  ENLISTMENTS.         171 

a  special  committee,  who  prepared  a  report,  that  led 
to  the  adoption  of  a  series  of  resolutions,  recommend 
ing  to  "  the  States  of  South  Carolina  and  Georgia,  if 
they  shall  think  the  same  expedient,  to  take  measures 
immediately  for  raising  three  thousand  able-bodied 
negroes." 

"!N  CONGRESS,  March  29,  1779. 

"  The  Committee,  consisting  of  Mr.  Burke,  Mr.  Laurens, 
Mr.  Armstrong,  Mr.  Wilson,  and  Mr.  Dyer,  appointed  to 
take  into  consideration  the  circumstances  of  the  Southern 
States,  and  the  ways  and  means  for  their  safety  and  de 
fence,  report, — 

"  That  the  State  of  South  Carolina,  as  represented  by 
the  delegates  of  the  said  State  and  by  Mr.  Huger,  who  has 
come  hither,  at  the  request  of  the  Governor  of  the  said 
State,  on  purpose  to  explain  the  particular  circumstances 
thereof,  is  unable  to  make  any  effectual  efforts  with  militia, 
by  reason  of  the  great  proportion  of  citizens  necessary  to 
remain  at  home  to  prevent  insurrections  among  the  ne 
groes,  and  to  prevent  the  desertion  of  them  to  the  enemy. 

"  That  the  state  of  the  country,  and  the  great  numbers 
of  those  people  among  them,  expose  the  inhabitants  to 
great  danger  from  the  endeavors  of  the  enemy  to  excite 
them  either  to  revolt  or  desert. 

"  That  it  is  suggested  by  the  delegates  of  the  said  State 
and  by  Mr.  Huger,  that  a  force  might  be  raised  in  the  said 
State  from  among  the  negroes,  which  would  not  only  be 
formidable  to  the  enemy  from  their  numbers,  and  the  disci 
pline  of  which  they  would  very  readily  admit,  but  would 
also  lessen  the  danger  from  revolts  and  desertions,  by  de 
taching  the  most  vigorous  and  enterprising  from  among  the 
negroes. 

"  That,  as  this  measure  may  involve  inconveniences  pecu- 


172  HISTORICAL    EESEARCH. 

liarly  affecting  the  States  of  South  Carolina  and  Georgia, 
the  Committee  are  of  opinion  that  the  same  should  be  sub 
mitted  to  the  governing  powers  of  the  said  States ;  and,  if 
the  said  powers  shall  judge  it  expedient  to  raise  such  a 
force,  that  the  United  States  ought  to  defray  the  expense 
thereof:  whereupon, 

"  Resolved,  That  it  be  recommended  to  the  States  of 
South  Carolina  and  Georgia,  if  they  shall  think  the  same 
expedient,  to  take  measures  immediately  for  raising  three 
thousand  able-bodied  negroes. 

"  That  the  said  negroes  be  formed  into  separate  corps, 
as  battalions,  according  to  the  arrangements  adopted  for 
the  main  army,  to  be  commanded  by  white  commissioned 
and  non-commissioned  officers. 

"  That  the  commissioned  officers  be  appointed  by  the 
said  States. 

"  That  the  non-commissioned  officers  may,  if  the  said 
States  respectively  shall  think  proper,  be  taken  from  among 
the  non-commissioned  officers  and  soldiers  of  the  Conti 
nental  battalions  of  the  said  States  respectively. 

"  That  the  Governors  of  the  said  States,  together  with  the 
commanding  officer  of  the  Southern  army,  be  empowered 
to  incorporate  the  several  Continental  battalions  of  their 
States  with  each  other  respectively,  agreeably  to  the 
arrangement  of  the  army,  as  established  by  the  resolutions 
of  May  27,  1778  ;  and  to  appoint  such  of  the  supernumerary 
officers  to  command  the  said  negroes  as  shall  choose  to 
go  into  that  service. 

"  Resolved,  That  Congress  will  make  provision  for  paying 
the  proprietors  of  such  negroes  as  shall  be  enlisted  for  the 
service  of  the  United  States  during  the  war  a  full  com 
pensation  for  the  property,  at  a  rate  not  exceeding  one 
thousand  dollars  for  each  active,  able-bodied  negro  man  of 
standard  size,  not  exceeding  thirty-five  years  of  age,  who 
shall  be  so  enlisted  and  pass  muster. 

"  That  no  pay  or  bounty  be  allowed  to  the  said  negroes  ; 


COL.    LAURENS   RECOMMENDS   NEGRO   ENLISTMENTS.        173 

but  that  they  be  clothed  and  subsisted  at  the  expense  of 
the  United  States. 

"  That  every  negro  who  shall  well  and  faithfully  serve 
as  a  soldier  to  the  end  of  the  present  war,  and  shall  then 
return  his  arms,  be  emancipated,  and  receive  the  sum  of 
fifty  dollars."  —  Secret  Journals  of  Congress,  vol.  i.  pp. 
107-110. 

On  the  same  day  that  the  report  in  favor  of  rais 
ing  negro  troops  was  made,  Congress  passed  the 
following  resolution :  — 

"  Whereas  John  Laurens,  Esq.,  who  has  heretofore  acted 
as  aide-de-camp  to  the  commander-in-chief,  is  desirous  of 
repairing  to  South  Carolina,  with  a  design  to  assist  in  de 
fence  of  the  Southern  States  ;  — 

"Resolved,  That  a  commission  of  lieutenant-colonel  be 
granted  to  the  said  John  Laurens,  Esq."  —  Journals  of  Con 
gress,  vol.  v.  p.  123. 

Col.  John  Laurens  was  the  son  of  the  Hon.  Henry 
Laurens,  the  distinguished  member  of  Congress,  and 
at  one  time  President  of  that  body.  He  was  one  of 
the  most  patriotic  and  brave  of  the  Southern  officers, 
and  has  not  improperly  been  called  the  "Chevalier 
Bayard  of  America."  He  was  the  intimate  friend  of 
Washington  and  Hamilton.  Having  been  in  active 
service  in  Rhode  Island  and  elsewhere,  and  having 
had  the  best  opportunities  of  witnessing  the  use 
fulness  of  the  colored  soldiers,  he  entered  into  the 
spirit  of  the  undertaking  with  his  whole  heart,  and 
used  his  best  efforts  to  promote  its  success.  For  this 
purpose,  he  went  to  his  native  State,  and  used  his 
personal  influence  to  induce  the  Legislature  to  take 


174:  HISTORICAL    RESEARCH. 

the  necessary  steps  for  raising  black  troops.  In  a 
letter  to  Hamilton,  he  says,  — 

Colonel  "  Ternant  will  relate  to  you  how  many  violent  struggles 

I  have  had  between  duty  and  inclination,  —  how  much  my 
heart  was  witli  you,  while  I  appeared  to  be  most  actively 
employed  here.  But  it  appears  to  me,  that  I  should  be  in 
excusable  in  the  light  of  a  citizen,  if  I  did  not  continue  my 
utmost  efforts  for  carrying  the  plan  of  the  black  levies  into 
execution,  while  there  remain  the  smallest  hopes  of  suc 
cess."  -  -  Works  of  Hamilton,  vol.  i.  pp.  114,  115. 

On  the  14th  of  February,  1780,  Col.  Laurens 
wrote  to  Washington  from  Charleston :  — 

Colonel  "  Private  accounts  say  that  General  Prevost  is  left  to 

command  at  Savannah ;  that  his  troops  consist  of  the  Hes 
sians  and  Loyalists  that  were  there  before,  re-enforced  by 
a  corps  of  blacks  and  a  detachment  of  savages.  It  is 
generally  reported  that  Sir  Henry  Clinton  commands  the 
present  expedition."  —  Sparlcs's  Correspondence  of  the 
American  Revolution,  vol.  ii.  p.  402. 

It  should  be  borne  in  mind  that  Sir  Henry  Clinton 
had  several  months  previously  issued  a  proclamation, 
calling  upon  negroes  to  join  his  army,  either  as  sol 
diers,  or  with  full  security  to  follow  any  occupation 
within  his  lines  which  they  thought  proper.  This 
proclamation  was  first  printed  in  New  York,  in  Bl- 
vington's  "Royal  Gazette,"  on  the  3d  of  July,  1779. 
It  is  here  reprinted  from  that  journal.  The  words  in 
Italics  were  added  in  the  issue  of  August  25th, 
with  a  note  stating  that  they  had,  "  through  the 
mistake  of  the  printers,  been  hitherto  omitted." 


PROCLAMATIONS   OF   BRITISH   OFFICERS.  175 

"By  his  Excellency  Sir  HENHY  CLINTON,  K. B.  General  and 
Commander-in-chief  of  all  his  Majesty's  Forces  within  the 
Colonies  laying  on  the  Atlantic  Ocean,  from  Nova  Scotia  to 
West-Florida,  inclusive,  &c.,  &c.,  &c. 

PROCLAMATION. 

"  "Whereas  the  enemy  have  adopted  a  practice  of  enrol 
ling  NEGROES  among  their  Troops,  I  do  hereby  give  notice 
That  all  NEGROES  taken  in  arms,  or  upon  any  military  Duty, 
shall  be  purchased  for  the  public  service  at  a  stated  Price ; 
the  money  to  be  paid  to  the  Captors. 

"  But  I  do  most  strictly  forbid  any  Person  to  sell  or  claim 
Right  over  any  NEGROE,  the  property  of  a  Rebel,  who  may 
take  Refuge  with  any  part  of  this  Army  :  And  I  do  promise 
to  every  NEGROE  who  shall  desert  the  Rebel  Standard,  full 
security  to  follow  within  these  Lines,  any  Occupation  which 
he  shall  think  proper. 

"  Given  under  my  Hand,  at  Head-Quarters,  PHILIPS- 
BURGH,  the  30th  day  of  June,  1779. 

"H.  CLINTON. 

"  By  his  Excellency's  command, 

"  JOHN  SMITH,  Secretary." 

Lord  Cornwallis  also  issued  a  proclamation  en 
couraging  the  slaves  to  join  the  British  Army;  but 
it  is  well  known  that  no  regard  for  their  welfare 
prompted  his  action,  and  but  little  kindness  was 
shown  by  him  to  the  slaves  who  deserted  their 
masters,  or  who  were  compelled  to  leave  them.  A 
letter  from  Mr.  Jefferson  to  Dr.  Gordon,  written 
several  years  after  the  war  was  closed,  contains  a 
passage  which  shows  how  that  statesman  regarded 
the  treatment  of  his  own  negroes. 


176  HISTOEICAL    RESEARCH. 

Thomas  "  Lord  Comwallis  destroyed  all  my  growing  crops  of  corn 

to  Doctor  and  tobacco ;  he  burned  all  my  barns,  containing  the  same 
lon'  articles  of  the  last  year,  having  first  taken  what  corn  he 
wanted ;  he  used,  as  was  to  be  expected,  all  my  stock  of 
cattle,  sheep,  and  hogs,  for  the  sustenance  of  his  army,  and 
carried  off  all  the  horses  capable  of  service ;  of  those  too 
young  for  service  he  cut  the  throats  ;  and  he  burned  all 
the  fences  on  the  plantation,  so  as  to  leave  it  an  abso 
lute  waste.  He  carried  off  also  about  thirty  slaves.  Had 
this  been  to  give  them  freedom,  he  would  have  done  right ; 
but  it  was  to  consign  them  to  inevitable  death  from  the 
small-pox  and  putrid  fever,  then  raging  in  his  camp.  This 
I  knew  afterwards  to  be  the  fate  of  twenty-seven  of  them.  I 
never  had  news  of  the  remaining  three,  but  presume  they 
shared  the  same  fate.  When  I  say  that  Lord  Cornwallis 
did  all  this,  I  do  not  mean  that  he  carried  about  the  torch 
in  his  own  hands,  but  that  it  was  all  done  under  his  eye ; 
the  situation  of  the  house,  in  which  he  was,  commanding 
a  view  of  every  part  of  the  plantation,  so  that  he  must  have 
seen  every  fire.  I  relate  these  things  on  my  own  know 
ledge,  in  a  great  degree,  as  I  was  on  the  ground  soon  after 
he  left  it.  He  treated  the  rest  of  the  neighborhood  some 
what  in  the  same  style,  but  not  with  that  spirit  of  total 
extermination  with  which  he  seemed  to  rage  over  my 
possessions.  Wherever  he  went,  the  dwelling-houses  were 
plundered  of  every  thing  which  could  be  carried  off.  Lord 
Cornwallis's  character  in  England  would  forbid  the  belief 
that  he  shared  in  the  plunder ;  but  that  his  table  was  served 
with  the  plate  thus  pillaged  from  private  houses,  can  be 
proved  by  many  hundred  eye-witnesses.  From  an  estimate 
I  made  at  that  time,  on  the  best  information  I  could  collect,  I 
supposed  the  State  of  Virginia  lost,  under  Lord  Cornwallis's 
hand,  that  year,  about  thirty  thousand  slaves  ;  and  that,  of 
these,  twenty-seven  thousand  died  of  the  small-pox  and  camp- 
fever  ;  and  the  rest  were  partly  sent  to  the  West  Indies,  and  ex 
changed  for  rum,  sugar,  coffee,  and  fruit ;  and  partly  sent  to 


GENERAL    LINCOLN   ON    NEGRO   ENLISTMENTS.  177 

New  York,  from  whence  they  went,  at  the  peace,  either  to  Nova 
Scotia  or  to  England.  From  this  last  place,  I  believe,  they 
have  been  lately  sent  to  dfrica.  History  will  never  relate 
the  horrors  committed  by  the  British  Army  in  the  Southern 
States  of  America."-  —  Jefferson1  s  Works,  vol.  ii.  p.  426. 

It  is  very  evident  from  this  statement,  that  the  dis 
trust  and  fears  on  the  part  of  the  negroes,  in  regard  to 
the  promises  of  the  British  officers,  Dunmorc,  Clinton, 
and  Cornwallis,  were  well  founded.  In  striking 
contrast  to  their  treatment  of  the  slaves  is  the  noble 
sentiment  of  Jefferson,  himself  a  severe  sufferer  from 
the  conduct  of  Cornwallis :  "  Had  this  been  to  give 
them  freedom,  he  would  have  done  right" 

In  the  autumn  of  the  year  1780,  Colonel  Laurens 
was  sent  on  an  important  mission  to  France.  The 
policy  which  he  so  warmly  advocated  in  his  own 
State  and  in  Georgia  was  not,  however,  neglected 
during  his  absence. 

General  Lincoln  repeatedly  and  earnestly  implored 
that  the  army  in  the  South  might  be  strengthened  in 
this,  which  seemed  to  be  the  only  practicable  way. 
In  a  letter  to  Governor  Rut-ledge,  dated  Charleston, 
March  13,  1780,  he  says:  — 

"  Give  me  leave  to  add  once  more,  that  I  think  the  meas-  General 

f-    •  j.i         i  i      i  ,i      ,    T    Lincoln, 

raising   the   black  corps  a  necessary  one  ;   that  I 

have  great  reason  to  believe,  if  permission  is  given  for  it, 
that  many  men  would  soon  be  obtained.  I  have  repeatedly 
urged  this  matter,  not  only  because  Congress  have  recom 
mended  it,  and  because  it  thereby  becomes  my  duty  to 
attempt  to  have  it  executed,  but  because  my  own  mind 
suggests  the  utility  and  importance  of  the  measure,  as  the 

23 


178  HISTORICAL    RESEARCH. 

safety  of  the  town  makes  it  necessary."  —  Manuscript 
Letter. 

Mr.  Madison,  in  a  letter  to  Joseph  Jones,  dated 
Nov.  20,  1780,  thus  advocated  the  policy  of  freeing 
and  arming  the  negroes  :  — 

Madisor  "  Yours  of  the  18 tli  came  yesterday.     I  am  glad  to  find 

the  Legislature  persist  in  their  resolution  to  recruit  their  line 
of  the  army  for  the  war;  though,  without  deciding  on  the 
expediency  of  the  mode  under  their  consideration,  would 
it  not  be  as  well  to  liberate  and  make  soldiers  at  once 
of  the  blacks  themselves,  as  to  make  them  instruments 
for  enlisting  white  soldiers?  It  would  certainly  be  more 
consonant  with  the  principles  of  liberty,  which  ought  never 
to  be  lost  sight  of  in  a  contest  for  liberty :  and,  with  white 
officers  and  a  majority  of  white  soldiers,  no  imaginable 
danger  could  be  feared  from  themselves,  as  there  certainly 
could  be  none  from  the  effect  of  the  example  on  those  who 
should  remain  in  bondage ;  experience  having  shown  that 
a  freedman  immediately  loses  all  attachment  and  sympathy 
with  his  former  fellow-slaves."  —  Madison  Papers,  p.  68. 

On  the  28th  of  February,  1781,  General  Greene, 
who  was  then  in  North  Carolina,  wrote  to  Wash 
ington  :  — 
General  "  The  enemy  have  ordered  two  regiments  of  negroes  to 

Greene.          ,       .  ,.        /  ..     ,  , 

be  immediately  embodied,  and  are  drafting  a  great  propor 
tion  of  the  young  men  of  that  State  [South  Carolina],  to 
serve  during  the  war."  —  Sparks's  Correspondence  of  the 
American  Revolution,  vol.  iii.  p.  246. 

Colonel  Laurens,  some  time  after  his  return  from 
France,  resumed  his  efforts  to  induce  the  slaveholders 
of  South  Carolina  and  Georgia  to  allow  their  negroes 
to  enlist  as  soldiers  in  the  Continental  Army  ;  and, 


COLONEL  LAURENS  ON  NEGRO  ENLISTMENTS.      179 

although  lie  found  that  "  truth  and  philosophy  had 
gained  some  ground,"  he  was  compelled  to  say  that 
"the  single  voice  of  reason  was  drowned  by  the  howl- 
ings  of  a  triple-headed  monster,  in  which  prejudice, 
avarice,  and  pusillanimity  were  united."  Two  letters, 
written  by  him  only  a  few  months  before  he  laid  down 
his  life  for  his  country  in  battle,  contain  further  evi 
dence  of  his  faithful  efforts,  and  a  sad  account  of  the 
manner  in  which  his  purposes  were  defeated.  Both 
of  these  letters  were  addressed  to  Washington.  The 
first  was  dated  May  19,  1782. 

"  The  plan  which  brought  me  to  this  country  was  urged  Colonel 
with  all  the  zeal  which  the  subject  inspired,  both  in  our  washing- 
Privy  Council  and  Assembly  ;  but  the  single  voice  of  reason  ton> 
was  drowned  by  the  bowlings  of  a  triple-headed  monster, 
in  which  prejudice,  avarice,  and  pusillanimity  were  united. 
It  was  some  degree  of  consolation  to  me,  however,  to  per 
ceive  that  truth  and  philosophy  had  gained  some  ground; 
the    suffrages    in   favor    of  the    measure   being   twice    as 
numerous  as  on  a  former  occasion.     Some  hopes  have  been 
lately  given  me  from  Georgia  ;  but  I  fear,  when  the  ques 
tion  is  put,  we  shall  be  outvoted  there  with  as  much  dispar 
ity  as  we  have  been  in  this  country. 

"  I  earnestly  desire  to  be  where  any  active  plans  are 
likely  to  be  executed,  and  to  be  near  your  Excellency  on 
all  occasions  in  which  my  services  can  be  acceptable.  The 
pursuit  of  an  object  which,  I  confess,  is  a  favorite  one  with 
me,  because  I  always  regarded  the  interests  of  this  country 
and  those  of  the  Union  as  intimately  connected  with  it,  has 
detached  me  more  than  once  from  your  family  ;  but  those 
sentiments  of  veneration  and  attachment  with  which  your 
Excellency  has  inspired  me,  keep  me  always  near  you, 


180  HISTORICAL    RESEARCH. 

with  the  sincerest  and  most  zealous  wishes  for  a  contin 
uance  of  your  happiness  and  glory."  —  Sparks's  Correspond 
ence  of  the  American  Revolution,  vol.  iii.  p.  506. 

The  last  letter  was  dated  June  12,  1782  ;  and  from 
it  we  learn  that  his  hope  of  accomplishing  something 
in  this  way  clung  to  him  to  the  last. 

"  The  approaching  session  of  the  Georgia  Legislature, 
and  the  encouragement  given  me  by  Governor  Howley, 
who  has  a  decisive  influence  in  the  counsels  of  that  coun 
try,  induce  me  to  remain  in  this  quarter  for  the  purpose  of 
taking  new  measures  on  the  subject  of  our  black  levies. 
The  arrival  of  Colonel  Baylor,  whose  seniority  entitles  him 
to  the  command  of  the  light  troops,  affords  me  ample  leisure 
for  pursuing  the  business  in  person ;  and  I  shall  do  it  with 
all  the  tenacity  of  a  man  making  a  last  effort  on  so  interest 
ing  an  occasion." —  Sparks's  Correspondence  of  the  American 
Revolution,  vol.  iii.  p.  515. 

Washington,  however,  seems  to  have  lost  all  faith 
in  the  patriotism  of  the  men  who  continued  to  refuse 
aid  to  their  suffering  country  in  the  only  practicable 
way  which  had  been  suggested.  lie  has  seldom  said 
any  thing  so  severe  as  the  following  words,  in  his 
reply  to  the  first  of  the  above  letters :  — 

17S2.  "I  must  confess  that  I  am  not  at  all  astonished  at  the 

toifto""  failure  of  your  plan.  That  spirit  of  freedom,  which,  at 
Laurens.  ^1G  commencement  of  this  contest,  would  have  gladly  sac 
rificed  every  thing  to  the  attainment  of  its  object,  has  long 
since  subsided,  and  every  selfish  passion  has  taken  its  place. 
It  is  not  the  public  but  private  interest  which  influences 
the  generality  of  mankind  ;  nor  can  the  Americans  any 
longer  boast  an  exception.  Under  these  circumstances,  it 
would  rather  have  been  surprising  if  you  had  succeeded  ; 


COLONEL  HUMPHREY'S  NEGRO  COMPANY.  181 

nor  will  you,  I  fear,  have  better  success  in  Georgia." — 
Spares  Washington,  vol.  viii.  pp.  322,  323. 

The  friend  and  associate  of  Colonel  Laurens,  as  a  coion 

Hum- 
member  of  Washington's  family,  and  a  fellow-soldier  piirey 

in  more  than  one  battle,  Coionci  David  Humphreys, 
gave  the  sanction  of  his  name  and  the  influence  of 
his  popularity  to  the  raising  of  colored  troops  in  Con 
necticut. 

"  In  November,  1782,  he  was,  by  resolution  of  Congress, 
commissioned  as  a  Lieutenant-Colonel,  with  order  that  his 
commission  should  bear  date  from  the  23d  of  June,  1780, 
when  he  received  his  appointment  as  aid-de-camp  to  the 
Commander-in-chief.  He  had,  when  in  active  service, 
given  the  sanction  of  his  name  and  influence  in  the  estab 
lishment  of  a  company  of  colored  infantry,  attached  to 
Meigs',  afterwards  Butler's,  regiment,  in  the  Connecticut 
line.  He  continued  to  be  the  nominal  captain  of  that 
company  until  the  establishment  of  peace."-  —  Biographical 
Sketch  in  "  The  National  Portrait  Gallery  of  Distinguished 
Americans" 

Lord  Dunmore's  efforts  to  secure  the  services  of 
negroes,  at  the  commencement  of  the  Revolutionary 
War,  are  well  known ;  his  proclamation,  and  the 
action  of  the  Virginia  Convention  upon  it,  having 
been  published  at  the  time,  and  the  matter  having  oc 
casioned  much  comment  since.  By  the  courtesy  of 
Mr.  Bancroft,  who  has  kindly  put  into  my  hands  the 
unpublished  original  manuscript  of  the  following  letter 
and  "  sketch,"  and  also  a  copy  of  Lord  Dunmore's 
private  letter  to  Sir  Henry  Clinton  enclosing  them,  I 
am  now  enabled  to  present  the  views  of  his  Lordship 


182  HISTORICAL    RESEARCH. 

on  the  subject  seven  years  later,  and  just  before  the 
close  of  hostilities. 

TO   THE   RIGHT   HONORABLE   EARL   DUNMORE,    &C. 

"  CHARLES  TOWN,  5th  January,  1782. 

Proposal          «  ]\JY  LORD,  —  Since  I  had  the  honor  of  seeing;  your  Lord- 
to  Lord  IT-  .  • 

Dunmore.  ship,  I  have  revolved  in  my  mind  the  subject-matter  of  our 
conversation ;  and  the  more  I  think,  the  more  I  am  con 
vinced  of  the  magnitude  and  national  importance  of  the 
object.  It  is  long  since  I  beheld  the  scheme  in  the  most 
favorable  point  of  view,  and  often  have  I  strenuously 
recommended  it.  There  were,  at  the  time  the  thought  first 
seriously  made  an  impression  on  my  mind,  some  very  power 
ful  and  uncontrovertible  reasons  ;  namely,  the  impossibility, 
that  I  foresaw,  of  maintaining  and  supporting  troops  from 
Europe,  in  the  low  parts  of  this  country,  during  the  sickly 
season.  The  fall  months  have  caused  such  mortality  in 
1780  at  the  outposts,  that  no  country  on  earth,  at  such  a 
distance,  could  support  the  loss  of  men.  Another  reason 
that  operated  on  my  mind,  added  to  the  eagerness  I 
observed  in  the  generality  of  the  people  under  my  direc 
tion  to  have  arms  put  into  their  hands  on  the  incursions  of 
the  enemy,  even  while  we  had  troops  at  Camden,  prevent 
ing  the  negroes  from  being  of  any  service  to  Government 
in  planting  and  cultivating  the  land ;  what,  with  the  proofs 
they  have  given,  on  various  occasions,  of  spirit  and  enter 
prise,  left  me  no  room  to  doubt  that  they  might  be  employed 
to  the  utmost  advantage.  While  there  was  a  ray  of  hope 
left  for  believing  that  Lord  Cornwallis  had  made  his  escape 
with  a  small  part  of  his  army,  I  was  easy  and  happy,  con 
vinced  that  he  would  not  have  hesitated  a  moment  in  giving 
freedom  to  men  of  all  complexions  that  would  faithfully 
serve  the  King,  and  assist  in  crushing  a  most  infernal 
rebellion.  And  I  cannot  help  thinking,  my  Lord,  that  there 
is  something  peculiarly  fortunate  in  your  Lordship's  arrival 
here  at  this  very  critical  moment ;  for  next  to  Lord  Corn- 


SCHEME    PROPOSED    TO   LORD    DUNMORE.  183 

wall  is,  who  has  the   advantage    of  military  rank   in  the   Proposal  to 

.  ,  ,.  ,     Lord  Dun- 

empire,  there  is  none  so  able  to  iorra  and  execute  so  great  more. 

a  design,  nor  in  whom  the  King's  friends  have  equal  confi 
dence  as  in  your  Lordship.  Unless  some  vigorous  step  is 
taken,  I  humbly  think  it  is  more  than  probable  that  the 
nation  at  large  will  insist  on  this  American  War  being 
relinquished.  What  can  Administration  say,  what  can  they 
promise  themselves  or  the  nation,  by  a  prosecution  of  the 
war  in  such  hands?  Nothing  but  ultimate  ruin. 

"  If,  my  Lord,  this  scheme  is  adopted,  arranged,  and  ready 
for  being  put  in  execution,  the  moment  the  troops  pene 
trate  into  the  country  after  the  arrival  of  the  promised 
re-enforcements,  America  is  to  be  conquered  with  its  own 
force  (I  mean  the  Provincial  troops  and  the  black  troops 
to  be  raised),  and  the  British  and  Hessian  army  could  be 
spared  to  attack  the  French  where  they  are  most  vulnera 
ble.  The  nation  would,  by  that  means,  be  relieved  from  an 
amazing  burthen,  —  that  of  supporting  the  army  at  New 
York,  —  what  has  been  a  sink  of  treasure,  and  a  bed  of 
voluptuousness  and  dissipation.  I  say,  my  lord,  if  the 
British  and  Hessian  troops  were  ordered  to  leave  the 
country,  only  sending  force  sufficient  to  garrison  Rhode 
Island,  that  your  Lordship  and  my  friend  Gov.  Martin, 
with  the  Provincial  troops,  the  King's  friends,  and  the  new 
levies,  would  soon  possess  the  three  Southern  provinces, 
in  spite  of  all  the  force  the  rebels  could  assemble.  'T  is 
notorious  that  more  than  two-thirds  of  North  Carolina  have 
expressed  an  eager  desire  for  the  re-establishment  of 
British  government.  They  have  given  striking  proofs 
of  zeal,  spirit,  and  enterprise ;  and  under  the  direction  of 
those  they  love,  and  who  would  reward  their  merit,  rebel 
lion  would  soon  cease  to  exist  on  the  south  side  of  James 
River.  Pardon  me,  my  Lord,  for  this  tedious  digression. 
Such  a  variety  of  new  matter  crowds  upon  me,  that  I  could 
not  help  giving  my  thoughts  a  place. 

"  It  may,  and  I  dare  say  will,  be  said  by  Opposition, 


186  HISTORICAL   RESEARCH. 

clothe  those  Black  Troops  from  the  estates  of  the  enemy  ; 
and  I  will  also  engage  to  pay  the  interest  of  the  receipts 
granted  to  our  friends,  at  the  rate  of  eight  per  cent.  And, 
to  convince  the  world  that  we  never  adopt  any  measure  at 
the  expense  of  individuals,  let  three  or  more  gentlemen 
of  the  country  —  men  of  honor  and  probity — be  appointed 
to  value  the  negroes  that  belong  to  our  friends,  and  at  the 
rate  they  would  have  sold  for  in  1773,  and  Government 
war,  paying  interest  at  the  customary  rate,  so  long  as 
to  be  accountable  for  the  amount  at  the  expiration  of  the 
the  parties  concerned  maintained  their  allegiance. 

"  That,  for  all  negroes,  the  property  of  the  enemy,  the 
adjutant-general  to  grant  receipts  to  the  commissioner  of 
sequestered  estates,  and  returns  made  to  him  when  they 
are  killed,  or  lost  to  the  service,  that  others  may  be  fur 
nished  to  supply  their  place. 

"  It  is  impossible  to  conceive  or  think  what  the  effects 
of  such  a  measure  would  be.  Striking  at  the  root  of  all 
property,  and  making  the  wealth  and  riches  of  the  enemy 
the  means  of  bringing  them  to  obedience,  must  bring  the 
most  violent  to  their  senses.  Such  a  wonderful  change 
may  it  work,  that  I  would  not  be  suprised,  that  those  now 
most  violent  against  us  would  be  foremost  in  an  application 
for  peace  on  our  own  terms. 

"  Property,  all  the  world  over,  is  dear  to  mankind ;  and 
in  this  country  they  are  as  much  wedded  to  it  as  in  any 
other ;  and,  in  the  Southern  Provinces,  men  are  great  in 
proportion  to  the  number  of  their  slaves. 

"  I  should  think  that  one  major-general,  two  brigadier- 
generals,  six  lieutenant-colonels  commandant,  twelve  ma 
jors  and  twelve  adjutants,  ninety-six  captains,  one  hundred 
and  ninety-two  lieutenants,  with  quartermasters,  &c.,  &c , 
<fec.,  would  be  equal  to  discipline  and  command  ten  thousand 
men. 

"J.  CRUDEN." 


LORD   DUNMORE   ON   NEGRO    SOLDIERS.  187 


EARL    OF  DUNMORE   TO   SIR   HENRY   CLINTON. 

"CHARLES  TOWN,  Feb.  2,  1782.          Lord  Dun- 

T     more  to  Sir 

"  gIRj  —  I  Was  in  hopes  of  having  tlio  pleasure  of  deli-  Henry 
vering  the  enclosed  letters  in  person,  but  the  fleet  in  which 
I  came  out  not  proceeding  to  New  York,  being  advised, 
and  thinking  it  unsafe  to  hazard  a  further  voyage  to  the 
northward,  at  this  season  of  the  year,  with  so  large  a 
fleet. 

"  I  should  have  sent  you  these  letters  by  the  '  Rotter 
dam,'  had  I  known  she  meant  to  go  to  New  York,  as  I  do 
not  know  but  they  may  be  of  importance.  By  one  of  them, 
your  Excellency  will  see  that  his  Majesty  wished  I  would 
return  to  this  country ;  we  then  thinking  that  we  should 
have  found  our  affairs  in  Virginia  in  a  very  different  state 
from  what  they  really  are  ;  and  for  which,  in  my  humble 
opinion,  there  is  now  no  remedy  left,  without  adopting  the 
following  plan,  or  something  similar  to  it,  which  I  humbly 
submit  to  your  serious  consideration. 

"  I  arrived  here  the  21st  of  December;  and,  having  no 
employment,  I  made  it  my  business  to  converse  with  every 
one  that  I  thought  capable  of  giving  me  any  good  informa 
tion  of  the  real  situation  of  this  country  :  and  every  one 
that  I  have  conversed  with  think,  and,  I  must  own,  my  own 
sentiments  perfectly  coincide  with  theirs,  that  the  most 
efficacious,  expeditious,  cheapest,  and  certain  means  of 
reducing  this  country  to  a  proper  sense  of  their  duty  is  in 
employing  the  blacks,  who  are,  in  my  opinion,  not  only  better 
fitted  for  service  in  this  warm  climate  than  white  men,  but 
they  are  also  better  guides,  may  be  got  on  much  easier 
terms,  and  are  perfectly  attached  to  our  sovereign.  And, 
by  employing  them,  you  cannot  devise  a  means  more  effec 
tual  to  distress  your  foes,  not  only  by  depriving  them  of 
their  property,  but  by  depriving  them  of  their  labor.  You 
in  reality  deprive  them  of  their  existence  ;  for,  without 


188  HISTORICAL    RESEARCH. 

their  labor,  they  cannot  subsist :  and,  from  my  own  know 
ledge  of  them,  I  am  sure  they  are  as  soon  disciplined  as 
any  set  of  raw  men  that  I  know  of. 

"  From  my  perfect  belief  of  the  above  facts,  I  do  most 
earnestly  wish  your  Excellency  would  adopt  the  measure 
on  some  such  footing  as  is  here  enclosed ;  and,  as  the 
strongest  proof  of  my  good  opinion  of  the  measure,  I  am 
most  willing,  provided  you  approve,  and  have  no  other 
person  you  may  think  better  qualified  to  put  it  in  execu 
tion,  to  hazard  my  reputation  and  person  in  the  execution 
of  it. 

"  What  I  would  further  propose  is,  that  the  officers  of 
the  Provincials,  who  are  swarming  in  the  streets  here, 
perfectly  idle,  should  be  employed  to  command  these  men, 
with  the  rank  they  now  have. 

"  I  would  also  propose,  at  first,  to  raise  only  ten  thou 
sand  Blacks,  to  give  them  white  officers  and  non-commis 
sioned  officers,  but  to  fill  up  the  vacancies  of  the  non 
commissioned  officers  now  and  then  with  black  people,  as 
their  services  should  entitle  them  to  it. 

"In  order  to  induce  the  negroes  to  enlist,  I  would  pro 
pose  to  give  each  black  man  one  guinea  and  a  crown,  with 
a  promise  of  freedom  to  all  that  should  serve  during  the 
continuance  of  the  war ;  and,  that  they  may  be  fully  satis 
fied  that  this  promise  will  be  held  inviolate,  it  must  be 
given  by  the  officer  appointed  to  command  them,  he  being 
empowered  so  to  do,  in  the  most  ample  manner,  by  your 
Excellency.  As  there  will  no  doubt  be  a  great  many  men 
come  in  that  will  be  unfit  for  military  service,  I  would  pro 
pose  employing  them,  with  the  women  and  children,  under 
proper  managers,  to  cultivate  any  lands  in  our  possession ; 
and  I  doubt  not,  with  proper  management,  to  raise  sufficient 
food  for  the  maintenance  of  the  black  troops  at  least,  and 
perhaps  enough  to  dispose  of  that  would  both  pay  and 
clothe  the  whole.  But  should  this  plan  fail,  contrary  to 
my  most  sanguine  wish  and  real  opinion,  the  expense  will 


LORD  DUNMORE  ON  NEGRO  SOLDIERS.        189 

be  so  trifling  in  trying  the  experiment,  that  it  can  never  be 
thought  an  object  of  the  smallest  consideration. 

"  In  order  to  obviate  the  only  objection  that  I  see  to  this 
plan  (namely,  that  of  employing  slaves,  the  property  of  a 
few  friends  that  are  with  us  here),  I  would  propose  that 
they  should  be  valued  by  three  gentlemen  of  known  skill 
and  probity,  and  that  a  receipt  should  be  given  them  for 
the  value  of  such  slaves  ;  paying  them  six  per  cent,  interest 
upon  it  till  the  expiration  of  the  war,  or  so  long  as  the 
holders'  allegiance  lasted :  and,  if  that  continues  to  the  ex 
piration  of  the  war,  pay  them  the  principal.  And,  indeed,  I 
would  propose  that  no  money  should  in  future  be  given  for 
any  thing  taken  from  the  inhabitants  for  the  use  of  the 
troops,  but  receipts  granted  on  the  same  terms. 

!'  Should  this  plan  in  general  meet  with  your  Excellen 
cy's  approbation,  there  are  many  more  ideas  relative  to  it 
that  I  will  take  another  opportunity  of  communicating  to 
you. 

"  I  have  wrote  fully  to  Lord  George  Germain  on  this 
subject,  and  have  sent  him  a  copy  of  this  letter ;  but  I 
hope,  before  we  can  hear  from  home,  you  will  have  had  the 
credit  of  adopting  the  plan." 

(Extract.) 

EARL    OF   DUNMORE   TO    SECRETARY   LORD    GEORGE    GERMAIN. 
"  CHARLES  TOWN,  S.  C.,  Feb.  5,  1782. 

"  Enclosed  I  send  your  Lordship  a  copy  of 

a  letter  I  have  wrote  to  Sir  Henry  Clinton,  for  employing 
Negroes  in  this  country." 

(Extract.) 
EARL   OF   DUNMORE   TO   SECRETARY   LORD    GEORGE   GERMAIN. 

"  CHARLES  TOWN,  S.  C.,  March  30,  1782. 

"  Since  writing  to  your  Lordship  of  the  5th  of  February, 
there  has  been  a  motion  made  in  the  Rebel  Assembly  of 
this  Province  for  raising  a  brigade  of  negroes,  which  was 


190  HISTORICAL    RESEARCH. 

only  negatived  by  a  very  few  voices,  and  it 's  supposed  will 
be  re-assumed  and  carried  on  a  future  day ;  and  we,  by 
neglecting  to  make  a  proper  use  of  those  people  who  are 
much  attached  to  us,  shall  have  them,  in  a  short  time,  em 
ployed  against  us.  They  are  now  carrying  them  up  the 
country  as  fast  as  they  can  find  them. 

"  As  soon  as  this  is  closed,  I  shall  set  off  for  New  York 
in  the  '  Carysfort.'  " 

One  of  the  ablest,  most  experienced,  and  most  suc 
cessful  of  the  American  generals,  second  only,  in  the 
estimation  of  many,  to  the  Commander-in-chief,  — 
General  Nathaniel  Greene,  —  in  a  letter  to  Washing 
ton,  dated  on  the  24th  of  January,  1782,  says:  — 

"  I  have  recommended  to  this  State  to  raise  some  black 
regiments.  To  fill  up  the  regiments  with  whites  is  imprac 
ticable,  and  to  get  re-enforcements  from  the  northwards 
precarious,  and  at  least  difficult,  from  the  prejudices  respect 
ing  the  climate.  Some  are  for  it ;  but  the  far  greater  part 
of  the  people  are  opposed  to  it." — Sparks's  Correspondence 
of  the  American  Revolution,  vol.  iii.  p.  467. 

The  letter  of  General  Greene  to  Governor  Rut- 
ledge,  of  South  Carolina,  is  printed  below.  The 
opinion  of  such  an  officer,  formed  after  the  experi 
ment  of  employing  Negro  soldiers  at  the  North  had 
been  fully  tried,  and  after  a  residence  in  the  Southern 
States  had  enabled  him  to  consider  the  subject  with 
the  advantage  of  an  "  acquaintance  with  the  habits, 
character,  and  feelings  of  that  class  of  people,"  is  of 
the  highest  importance. 

"  The  natural  strength  of  the  country,  in  point  of  num 
bers,  appears  to  me  to  consist  much  more  in  the  blacks 


GENERAL  GREENE  ON  NEGRO  SOLDIERS.        191 

than  in  the  whites.  Could  they  be  incorporated,  and  em 
ployed  for  its  defence,  it  would  afford  you  double  security. 
That  they  would  make  good  soldiers,  I  have  not  the  least 
doubt ;  and  I  am  persuaded  the  State  has  it  not  in  its  power 
to  give  sufficient  re-enforcements,  without  incorporating 
them,  either  to  secure  the  country,  if  the  enemy  mean  to 
act  vigorously  upon  an  offensive  plan,  or  furnish  a  force 
sufficient  to  dispossess  them  of  Charleston,  should  it  be  de 
fensive. 

"  The  number  of  whites  in  this  State  is  too  small,  and 
the  state  of  your  finances  too  low,  to  attempt  to  raise  a 
force  in  any  other  way.  Should  the  measure  be  adopted, 
it  may  prove  a  good  means  of  preventing  the  enemy  from 
further  attempts  upon  this  country,  when  they  find  they 
have  not  only  the  whites,  but  the  blacks  also,  to  contend 
with.  And  I  believe  it  is  generally  agreed,  that,  if  the 
natural  strength  of  this  country  could  have  been  employed 
in  its  defence,  the  enemy  would  have  found  it  little  less 
than  impracticable  to  have  got  footing  here,  much  more  to 
have  overrun  the  country,  by  which  the  inhabitants  have 
suffered  infinitely  greater  loss  than  would  have  been  suffi 
cient  to  have  given  you  perfect  security ;  and,  I  am  per 
suaded,  the  incorporation  of  a  part  of  the  negroes  would 
rather  tend  to  secure  the  fidelity  of  others,  than  excite  dis 
content,  mutiny,  and  desertion  among  them.  The  force  I 
would  ask  for  this  purpose,  in  addition  to  what  we  have, 
and  what  may  probably  join  us  from  the  Northward  or  from 
the  militia  of  this  State,  would  be  four  regiments,  —  two 
upon  the  Continental,  and  two  upon  the  State,  establish 
ment  ;  a  corps  of  pioneers  and  a  corps  of  artificers,  each  to 
consist  of  about  eighty  men.  The  two  last  may  be  either 
on  a  temporary  or  permanent  establishment,  as  may  be 
most  agreeable  to  the  State.  The  others  should  have  their 
freedom,  and  be  clothed  and  treated,  in  all  respects,  as  other 
soldiers ;  without  which  they  will  be  unfit  for  the  duties 
expected  from  them."  —  Johnson's  Life  of  Greene,  vol.  ii. 
p.  274. 


192  HISTORICAL    RESEARCH. 

The  author  of  "  Sketches  of  the  Life  and  Cor 
respondence  of  Gen.  Greene,"  himself  a  Southerner 
and  a  resident  of  Charleston,  thus  comments  on  the 
proposal  to  employ  the  negroes  as  soldiers :  — 

"  Those  who  can  enter  into  the  feelings  and  opinions  of 
the  citizens  of  those  States  which  tolerate  slavery  will  be 
not  a  little  startled  at  the  proposition  submitted  to  the 
Governor  and  Council  in  this  letter.  A  strong,  deep-seated 
feeling,  nurtured  from  earliest  infancy,  decides,  with  in 
stinctive  promptness,  against  a  measure  of  so  threatening 
an  aspect,  and  so  offensive  to  that  republican  pride,  which 
disdains  to  commit  the  defence  of  the  country  to  servile 
hands,  or  share  with  a  color  to  which  the  idea  of  inferiority 
is  inseparably  connected  the  profession  of  arms,  and  that 
approximation  of  condition  which  must  exist  between  the 
regular  soldier  and  the  militia-man. 

"  But  the  Governor  and  Council  viewed  the  subject 
under  the  influence  of  less  feeling.  It  seems  the  proposi 
tion  had  formerly  been  under  consideration  in  the  State 
Legislature ;  and,  as  the  meeting  of  that  board  was  now  at 
hand,  it  was  resolved  to  submit  it  to  their  decision. 

"  There  is  a  sovereign,  who,  at  this  time,  draws  his  sol 
diery  from  the  same  class  of  people ;  and  finds  a  facility  in 
forming  and  disciplining  an  army,  which  no  other  power 
enjoys.  Nor  does  his  immense  military  force,  formed  from 
that  class  of  his  subjects,  excite  the  least  apprehensions ; 
for  the  soldier's  will  is  subdued  to  that  of  his  officer,  and 
his  improved  condition  takes  away  the  habit  of  identifying 
himself  with  the  class  from  which  he  has  been  separated. 
Military  men  know  what  mere  machines  men  become  under 
discipline,  and  believe  that  any  men,  who  may  be  made 
obedient,  may  be  made  soldiers ;  and  that  increasing  their 
numbers  increases  the  means  of  their  own  subjection  and 
government. 


JUDGE  JOHNSON  ON  NEGRO  SOLDIERS.        193 

"  It  is  now  probable  that  the  idea  of  forming  a  military 

Johnson 

force  by  a  draught  from  the  slaves  had  been  suggested  to  on  negro 
Gen.  Greene  by  a  recent  acquaintance  with  the  habits, 
character,  and  feelings  of  that  class  of  people.  It  could 
not  escape  his  eye,  that  there  was  no  sense  of  hostility 
existing  between  the  master  and  slave,  but  rather  some 
thing  of  the  clannish,  or  patriarchal,  feelings  known  to 
exist  between  the  inhabitants  of  a  village  and  their  chief. 
He  had  remarked  the  joy  expressed  by  the  slaves  on  their 
deliverance  from  the  tyranny  of  the  enemy,  and  the  return 
of  a  protector  in  the  person  of  their  master ;  and  it  was 
obvious,  that  if  the  State  could  give  a  slave  for  the  services 
of  a  man  as  a  soldier  for  ten  months,  as  had  been  the  case 
in  raising  some  of  its  troops,  it  would  be  great  gain  to  con 
vert  the  same  slave  into  a  soldier  for  the  war,  to  be  paid 
only  by  his  freedom,  after  having  served  with  fidelity. 
But  the  Legislature,  when  it  met,  thought  the  experiment 
a  dangerous  one  ;  and  the  project  was  relinquished.  They 
adopted,  however,  the  alternative  of  raising  soldiers  on  the 
black  population  by  giving  a  slave  for  a  soldier.  Parties 
were  sent  to  collect  slaves  from  the  plantations  of  the  loy 
alists,  and  rendezvous  established  in  vain  in  various  places 
in  the  interior  country."  —  Johnson's  Life  of  Greene,  vol.  ii. 
pp.  274,  275. 

Propositions  for  peace  were  introduced  in  the  Brit 
ish  Parliament,  and  preliminary  steps  were  taken 
towards  the  cessation  of  hostilities,  before  the  letters 
from  Lord  Dunmore  reached  the  Secretary,  Lord 
George  Germain.  But  these  letters,  and  those  writ 
ten  by  Colonel  Laurens  and  General  Greene  in  the 
last  months  of  the  Revolutionary  War,  are  of  histori 
cal  importance.  They  contain  the  mature  opinions 
and  the  deliberate  decision  of  the  highest  British 

25 


194  HISTORICAL   RESEARCH. 

and  American  military  authorities,  in  unequivocal 
support  of  the  policy  of  arming  the  negro  slaves,  and 
employing  them  as  soldiers. 

The  following  letter,  addressed  to  Brigadier-Gen 
eral  Rufus  Putnam,  and  afterwards  printed,  from  his 
papers,  at  Marietta,  Ohio,  shows  the  tender  care 
which  the  Commander-in-chief  had  for  the  rights  of 
the  negro  soldiers  in  the  army :  — 

"  HEAD  QUARTERS,  Feb.  2,  1783. 

"  SIR,  —  Mr.  Hobby  having  claimed  as  his  property  a 
negro  man  now  serving  in  the  Massachusetts  Regiment, 
you  will  please  to  order  a  court  of  inquiry,  consisting  of 
five  as  respectable  officers  as  can  be  found  in  your  brigade, 
to  examine  the  validity  of  the  claim,  the  manner  in  which 
the  person  in  question  came  into  service,  and  the  propriety 
of  his  being  discharged  or  retained  in  service.  Having 
inquired  into  the  matter,  with  all  the  attending  circum 
stances,  they  will  report  to  you  their  opinion  thereon  ; 
which  you  will  report  to  me  as  soon  as  conveniently 
may  be. 

'  I  am,  Sir,  with  great  respect, 

"  Your  most  obedient  servant, 

"  G.  WASHINGTON. 

"  P.S.  —  All  concerned  should  be  notified  to  attend. 
"  Brig.-Gen.  PUTNAM." 

Luther  Martin,  it  will  be  remembered,  in  his  ad 
dress  to  the  Legislature  of  Maryland  on  the  Federal 
Constitution,  deplored  the  growing  laxity  of  public 
sentiment  on  the  subject  of  slavery.  "  When  our 
liberties  were  at  stake,"  he  said,  "  we  warmly  felt  for 
the  common  rights  of  men.  The  danger  being  thought 
to  be  past  which  threatened  ourselves,  we  are  daily 


VIRGINIA    FREES   HER   NEGRO   SOLDIERS.  195 

growing  more  insensible  to  those  rights."  A  sad 
illustration  of  the  truth  of  this  declaration  was  found 
in  the  conduct  of  some  of  the  slaveholders,  who,  hav 
ing  sent  their  negroes  to  the  army  with  the  promise 
of  personal  liberty,  at  the  close  of  the  war  attempted 
to  re-enslave  them. 

To  the  honor  of  Virginia, — who  could  then  claim 
Washington  and  Jefferson  and  Madison  among  her 
living  patriots,  —  this  wrong  to  the  negro  soldiers 
was  not  overlooked,  nor  permitted  to  continue.  The 
General  Assembly  of  that  State,  in  1783,  enacted  the 
following  law:  — 

ltAn  Act  directing  the  Emancipation  of  certain  Slaves  who  have  served 
as  Soldiers  in  this  State,  and  for  the  Emancipation  of  the  Slave 
Aberdeen. 

"  I.  Whereas  it  hath  been  represented  to  the  present 
General  Assembly,  that,  during  the  course  of  the  war,  many 
persons  in  this  State  had  caused  their  slaves  to  enlist  in  pated 
certain  regiments  or  corps  raised  within  the  same,  having 
tendered  such  slaves  to  the  officers  appointed  to  recruit 
forces  within  the  State,  as  substitutes  for  free  persons 
whose  lot  or  duty  it  was  to  serve  in  such  regiments  or 
corps,  at  the  same  time  representing  to  such  recruiting 
officers  that  the  slaves,  so  enlisted  by  their  direction  and 
concurrence,  were  freemen  ;  and  it  appearing  further  to 
this  Assembly,  that  on  the  expiration  of  the  term  of  enlist 
ment  of  such  slaves,  that  the  former  owners  have  attempted 
again  to  force  them  to  return  to  a  state  of  servitude,  con 
trary  to  the  principles  of  justice,  and  to  their  own  solemn 
promise ; 

"  II.  And  whereas  it  appears  just  and  reasonable,  that 
all  persons  enlisted  as  aforesaid,  who  have  faithfully  served 
agreeable  to  the  terms  of  their  enlistment,  and  have  thereby 


196  HISTORICAL    RESEARCH. 

Negro  of  eourse  contributed  towards  the  establishment  of  Ameri- 
emaifc?-  can  liberty  and  independence,  should  enjoy  the  blessings 
pated.  o^  freef]om  a8  a  reward  for  their  toils  and  labors ; 

"Be  it  therefore  enacted,  That  each  and  every  slave  who, 
by  t!ie  appointment  and  direction  of  his  owner,  hath  enlist 
ed  in  any  regiment  or  corps  raised  within  this  State,  either 
on  Continental  or  State  establishment,  and  hath  been  re 
ceived  as  a  substitute  for  any  free  person  whose  duty  or 
lot  it  was  to  serve  in  such  regiment  or  corps,  and  hath 
served  faithfully  during  the  term  of  such  enlistment,  or 
hath  been  discharged  from  such  service  by  some  officer 
duly  authorized  to  grant  such  discharge,  shall,  from  and 
after  the  passing  of  this  act,  be  fully  and  completely  eman 
cipated,  and  shall  be  held  and  deemed  free,  in  as  full  and 
ample  a  manner  as  if  each  and  every  of  them  were  spe 
cially  named  in  this  act ;  and  the  Attorney-general  for  the 
Commonwealth  is  hereby  required  to  commence  an  action, 
in  forma  pauperis,  in  behalf  of  any  of  the  persons  above 
described  who  shall,  after  the  passing  of  this  act,  be  de 
tained  in  servitude  by  any  person  whatsoever ;  and  if,  upon 
such  prosecution,  it  shall  appear  that  the  pauper  is  entitled 
to  his  freedom  in  consequence  of  this  act,  a  jury  shall  be 
empanelled  to  assess  the  damages  for  his  detention. 

"  III.  And  whereas  it  has  been  represented  to  this  Gen 
eral  Assembly,  that  Aberdeen,  a  negro  man  slave,  hath 
labored  a  number  of  years  in  the  public  service  at  the  lead 
mines,  and  for  his  meritorious  services  is  entitled  to  freedom; 
Be  it  therefore  enacted,  That  the  said  slave  Aberdeen  shall 
be,  and  he  is  hereby,  emancipated  and  declared  free  in  as 
full  and  ample  a  manner  as  if  he  had  been  born  free."  — 
Hening's  Statutes  at  Large  of  Virginia,  vol.  xi.  pp.  308,  309. 

Three  years  after  the  close  of  the  war,  in  October, 
1786,  the  following  special  act  was  passed,  by  the 
General  Assembly  of  Virginia,  for  the  liberation  of 
a  faithful  slave  who  had  rendered  valuable  service 
to  General  Lafayette :  — 


VIRGINIA    FREES   A    PATRIOTIC    SLAVE.  197 

"An  Act  to   emancipate  JAMES,   a  Negro   Slave,   the  property  of 
William  Armistead,   Gentleman. 

"  I.    Whereas   it  is    represented   that   James,   a   negro  A  sl1 


services  to 


slave,  the  property  of  William  Armistead,  gentleman,  of  the 
countv  of  New  Kent,  did,  with  the  permission  of  his  master,  edged  by 

T-i  Virginia. 

in  the  year  one  thousand  seven  hundred  and  eighty-one, 
enter  into  the  service  of  the  Marquis  la  Fayette,  and  at  the 
peril  of  his  life  found  means  to  frequent  the  British  camp, 
and  thereby  faithfully  executed  important  commissions  en 
trusted  to  him  by  the  Marquis;  and  the  said  James  hath 
made  application  to  this  Assembly  to  set  him  free,  and 
to  make  his  said  master  adequate  compensation  for  his 
value,  which  it  is  judged  reasonable  and  right  to  do ; 

"  II.  Be  it  therefore  enacted,  That  the  said  James 
shall,  from  and  after  the  passing  of  this  act,  enjoy  as  full 
freedom  as  if  he  had  been  born  free ;  any  law  to  the  contrary 
thereof  notwithstanding. 

"  III.  And  be  it  further  enacted,  That  the  Executive 
shall,  as  soon  as  may  be,  appoint  a  proper  person,  and  the 
said  William  Armistead  another,  who  shall  ascertain  and 
fix  the  value  of  the  said  James,  and  to  certify  such  valuation 
to  the  Auditor  of  Accounts,  who  shall  issue  his  warrant 
to  the  Treasurer  for  the  same,  to  be  paid  out  of  the  general 
fund."  —  Hening's  Statutes  at  Large  of  Virginia,  vol.  xii. 
pp.  380,  381. 

With  two  or  three  later  authoritative  testimonies, 
showing  that  it  was  a  general  practice  among  the 
Founders  of  the  Republic  to  employ  negroes,  both 
slaves  and  freemen,  as  soldiers  regularly  enrolled  in 
the  army,  I  bring  to  a  close  this  paper,  which  has 
already  much  exceeded  the  limits  of  my  original 
plan. 

The  Hon.  William  Eustis,  who  served  throughout 


198  HISTORICAL    RESEARCH. 

the  war  of  the  Revolution  as  a  surgeon,  and  was 
afterwards  Governor  of  Massachusetts,  in  a  speech 
in  the  United-States  House  of  Representatives,  De 
cember  12,  1820,  said:  — 

William  "  At  the  commencement  of  the  Revolutionary  War,  there 
were  found,  in  the  Middle  and  Northern  States,  many 
blacks,  and  other  people  of  color,  capable  of  bearing  arms  ; 
a  part  of  them  free,  the  greater  part  slaves.  The  freemen 
entered  our  ranks  with  the  whites.  The  time  of  those  who 
were  slaves  was  purchased  by  the  States  ;  and  they  were 
induced  to  enter  the  service  in  consequence  of  a  law,  by 
which,  on  condition  of  their  serving  in  the  ranks  during 
the  war,  they  were  made  freemen.  In  Rhode  Island,  where 
their  numbers  were  more  considerable,  they  were  formed, 
under  the  same  considerations,  into  a  regiment  commanded 
by  white  officers;  and  it  is  required,  injustice  to  them,  to 
add,  that  they  discharged  their  duty  with  zeal  and  fidelity. 
The  gallant  defence  of  Red  Bank,  in  which  this  black  regi 
ment  bore  a  part,  is  among  the  proofs  of  their  valor. 

"  Among  the  traits  which  distinguished  this  regiment 
was  their  devotion  to  their  officers :  when  their  brave  Col. 
Greene  was  afterwards  cut  down  and  mortally  wounded, 
the  sabres  of  the  enemy  reached  his  body  only  through  the 
limbs  of  his  faithful  guard  of  blacks,  who  hovered  over 
him  and  protected  him,  every  one  of  whom  was  killed,  and 
whom  he  was  not  ashamed  to  call  his  children.  The  ser 
vices  of  this  description  of  men  in  the  navy  are  also  well 
known.  I  should  not  have  mentioned  either,  but  for  the 
information  of  the  gentleman  from  Delaware,  whom  I 
understood  to  say  that  he  did  not  know  that  they  had 
served  in  any  considerable  numbers. 

"  The  war  over,  and  peace  restored,  these  men  returned 
to  their  respective  States ;  and  who  could  have  said  to 
them,  on  their  return  to  civil  life,  after  having  shed  their 
blood  in  common  with  the  whites  in  the  defence  of  the 


RECENT   TESTIMONIES    ON   NEGRO    SOLDIERS.  199 

liberties  of  the  country,  '  You  are  not  to  participate  in  the 
rights  secured  by  the  struggle,  or  in  the  liberty  for  which 
you  have  been  fighting'?  Certainly  no  white  man  in  Mas 
sachusetts."  —  Annals  of  Congress.  Sixteenth  Congress, 
Second  Session,  p.  636. 

The  Hon.  Charles  Pinckney,  of  South  Carolina, 
in  a  previous  part  of  the  same  debate,  said :  — 

..."  It  is  a  most  remarkable  fact,  that  notwithstanding,  Charles 

Pinckney. 

in  the  course  of  the  Revolution,  the  Southern  States  were 
continually  overrun  by  the  British,  and  that  every  negro  in 
them  had  an  opportunity  of  leaving  their  owners,  few  did ; 
proving  thereby  not  only  a  most  remarkable  attachment  to 
their  owners,  but  the  mildness  of  the  treatment,  from  whence 
their  affection  sprang.  They  then  were,  as  they  still  are, 
as  valuable  a  part  of  our  population  to  the  Union  as  any 
other  equal  number  of  inhabitants.  They  were  in  numer 
ous  instances  the  pioneers,  and,  in  all,  the  laborers,  of  your 
armies.  To  their  hands  were  owing  the  erection  of  the 
greatest  part  of  the  fortifications  raised  for  the  protection 
of  our  country  ;  some  of  which,  particularly  Fort  Moultrie, 
gave,  at  that  early  period  of  the  inexperience  and  untried 
valor  of  our  citizens,  immortality  to  American  arms  :  and, 
in  the  Northern  States,  numerous  bodies  of  them  were 
enrolled  into  and  fought,  by  the  sides  of  the  whites,  the 
battles  of  the  Revolution." — Annals  of  Congress.  Sixteenth 
Congress,  First  Session,  p.  1312. 

That  large  numbers  of  negroes  were  enrolled  in 
the  army,  and  served  faithfully  as  soldiers  during  the 
whole  period  of  the  War  of  the  Revolution,  may  be 
regarded  as  a  well-established  historical  fact.  And  it 
should  be  borne  in  mind,  that  the  enlistment  was  not 
confined,  by  any  means,  to  those  who  had  before 


200  HISTORICAL    RESEARCH. 

enjoyed  the  privileges  of  free  citizens.  Very  many 
slaves  were  offered  to,  and  received  by,  the  army,  on 
the  condition  that  they  were  to  be  emancipated,  either 
at  the  time  of  enlisting,  or  when  they  had  served 
out  the  term  of  their  enlistment.  The  inconsistency 
of  keeping  in  slavery  any  person  who  had  taken  up 
arms  for  the  defence  of  our  national  liberty,  had  led 
to  the  passing  of  an  order,  forbidding  "slaves,"  as 
such,  to  be  received  as  soldiers. 

The  documents  which  I  have  cited  will  give  a 
general  idea  of  the  opinions  and  the  practice  of  the 
leading  patriots  in  the  civil  and  military  service  of 
the  country,  at  the  time  of  the  Revolution,  on  the 
employment  of  negroes  as  soldiers.  Much  more  doc 
umentary  evidence,  of  a  similar  character,  might  be 
adduced  from  the  mass  of  materials  which  I  have 
gathered  in  pursuing  this  inquiry ;  but  I  have,  I 
trust,  selected  enough  to  fairly  illustrate  the  subject. 
If  what  I  have  done,  or  what  I  have  left  undone, 
shall  stimulate  others  to  a  more  thorough  investiga 
tion,  my  labor  will  not  have  been  lost. 


APPENDIX. 


APPENDIX. 


(A.) 

NEGROES   IN   THE   NAVY. 

THE  suggestion  made  by  Mr.  Everett  at  the  meeting  of 
the  Massachusetts  Historical  Society  when  this  paper 
was  read,  in  regard  to  the  history  of  the  employment 
of  negroes  in  our  navy,  is  worthy  of  a  more  careful 
consideration  than  the  limits  of  this  paper  would 
allow.  But  I  am  happy  to  be  able  to  present  the 
testimony,  on  this  subject,  of  one  of  our  Honorary 
Members,  Usher  Parsons,  M.D.,  whose  character  and 
experience  give  authority  to  his  statements. 

"  PROVIDENCE,  October  18,  1862. 

"  MY  DEAR  SIR,  —  In  reply  to  your  inquiries  about  the 
employing  of  blacks  in  our  navy  in  the  war  of  1812,  and 
particularly  in  the  battle  of  Lake  Erie,  I  refer  you  to  docu 
ments  in  Mackenzie's  '  Life  of  Commodore  Perry,'  vol.  i. 
pp.  16G  and  187. 

"  In  1814,  our  fleet  sailed  to  the  Upper  Lakes  to  co-ope 
rate  with  Colonel  Croghan  at  Mackinac.  About  one  in  ten 
or  twelve  of  the  crews  were  blacks. 

"In  1816,  I  was  surgeon  of  the  '  Java/  under  Commo 
dore  Perry.  The  white  and  colored  seamen  messed 
together.  About  one  in  six  or  eight  were  colored. 


204  APPENDIX. 

"  In  1819,  I  was  surgeon  of  the  '  Guerriere,'  under  Com 
modore  Macdonough ;  and  the  proportion  of  blacks  was 
about  the  same  in  her  crew.  There  seemed  to  be  an  entire 
absence  of  prejudice  against  the  blacks  as  messmates 
among  the  crew.  What  I  have  said  applies  to  the  crews 
of  the  other  ships  that  sailed  in  squadrons. 
"  Yours  very  respectfully, 

"  USHER  PARSONS. 
"  GEORGE  LIVERMORE,  Esq." 

The  documents  referred  to  by  Dr.  Parsons  are  two 
letters,  —  the  first  written  to  Commodore  Chauncey,  in 
the  summer  of  1813,  by  Captain  (afterwards  Commo 
dore)  Perry,  expressing  dissatisfaction  with  the  ap 
pearance  of  the  men  who  had  been  sent  to  him  for  his 
squadron  on  Lake  Erie  before  his  famous  battle. 

"  SIR, —  I  have  this  moment  received,  by  express,  the 
enclosed  letter  from  General  Harrison.  If  I  had  officers 
and  men,  —  and  I  have  no  doubt  you  will  send  them, —  I 
could  fight  the  enemy,  and  proceed  up  the  lake ;  but,  hav 
ing  no  one  to  command  the  '  Niagara,'  and  only  one  com 
missioned  lieutenant  and  two  acting  lieutenants,  whatever 
my  wishes  may  be,  going  out  is  out  of  the  question.  The 
men  that  came  by  Mr.  Champlin  are  a  motley  set, — 
blacks,  soldiers,  and  boys.  I  cannot  think  you  saw  them 
after  they  were  selected.  I  am,  however,  pleased  to  see 
any  thing  in  the  shape  of  a  man." — Mackenzie's  Life  of 
Perry,  vol.  i.  pp.  165,  1G6. 

This  letter  called  forth  from  Commodore  Chauncey 
the  following  sharp  reply :  — 

"  SIR,  —  I  have  been  duly  honored  with  your  letters  of 
the  twenty-third  and  twenty-sixth  ultimo,  and  notice  your 
anxiety  for  men  and  officers.  I  am  equally  anxious  to  fur- 


APPENDIX.  205 

nish  you ;  and  no  time  shall  be  lost  in  sending  officers  and 
men  to  you  as  soon  as  the  public  service  will  allow  me  to 
send  them  from  this  lake.  I  regret  that  you  are  not  pleased 
with  the  men  sent  you  by  Messrs.  Champlin  and  Forrest ; 
for,  to  my  knowledge,  a  part  of  them  arc  not  surpassed  by 
any  seamen  we  have  in  the  fleet :  and  I  have  yet  to  learn 
that  the  color  of  the  skin,  or  the  cut  and  trimmings  of  the 
coat,  can  affect  a  man's  qualifications  or  usefulness.  I  have 
nearly  fifty  blacks  on  board  of  this  ship,  and  many  of  them 
are  among  my  best  men  ;  and  those  people  you  call  soldiers 
have  been  to  sea  from  two  to  seventeen  years ;  and  I 
presume  that  you  will  find  them  as  good  and  useful  as  any 
men  on  board  of  your  vessel ;  at  least,  if  I  can  judge  by 
comparison  ;  for  those  which  we  have  on  board  of  this  ship 
are  attentive  and  obedient,  and,  as  far  as  I  can  judge, 
many  of  them  excellent  seamen :  at  any  rate,  the  men  sent 
to  Lake  Erie  have  been  selected  with  a  view  of  sending  a 
fair  proportion  of  petty  officers  and  seamen ;  and  I  pre 
sume,  upon  examination,  it  will  be  found  that  they  are 
equal  to  those  upon  this  lake."  —  Mackenzie's  Life  of  Perry, 
vol.  i.  pp.  186,  187. 

Perry  found  the  negroes  to  be  indeed  all  that  Com 
modore  Chauncey  had  represented  them  ;  and  he  did 
not  hesitate  afterwards  to  speak  favorably  of  their 
services :  — 

"  Perry  speaks  highly  of  the  bravery  and  good  conduct 
of  the  negroes,  who  formed  a  considerable  part  of  his  crew. 
They  seemed  to  be  absolutely  insensible  to  danger.  When 
Captain  Barclay  came  on  board  the  '  Niagara,'  and  beheld 
the  sickly  and  party-colored  beings  around  him,  an  expres 
sion  of  chagrin  escaped  him  at  having  been  conquered  by 
such  men.  The  fresh-water  service  had  very  much  im 
paired  the  health  of  the  sailors,  and  crowded  the  sick  list 
with  patients." — Analedic  Mayazine,  vol.  iii.  p.  255. 


200  APPENDIX. 

To  the  same  effect  is  the  testimony  of  the  following 

"Extract  of  a  Letter  from  Nathaniel  Shaler,  Commander  of  the 
private-armed  Schooner  Gov.  Tompkins,  to  his  Agent  in  New  York, 

(latr-d  — 

"Ax  SEA,  Jan.  1,  1813. 

"  Before  I  could  get  our  light  sails  in,  and  almost  before 
I  could  turn  round,  I  was  under  the  guns,  not  of  a  trans 
port,  but  of  a  large  frigate!  and  not  more  than  a  quarter  of 

a  mile  from  her Her  first  broadside  killed 

two  men,  and  wounded  six  others My  offi 
cers  conducted  themselves  in  a  way  that  would  have  done 

honor  to  a  more  permanent  service The 

name  of  one  of  my  poor  fellows  who  was  killed  ought 
to  be  registered  in  the  book  of  fame,  and  remembered 
with  reverence  as  long  as  bravery  is  considered  a  virtue. 
He  was  a  black  man,  by  the  name  of  John  Johnson.  A 
twenty-four-pound  shot  struck  him  in  the  hip,  and  took 
away  all  the  lower  part  of  his  body.  In  this  state,  the  poor 
brave  fellow  lay  on  the  deck,  and  several  times  exclaimed 
to  his  shipmates,  'Fire  aivay,  my  l)oy :  no  haul  a  color  down.' 
The  other  was  also  a  black  man,  by  the  name  of  John  Davis, 
and  was  struck  in  much  the  same  way.  He  fell  near  me, 
and  several  times  requested  to  be  thrown  overboard,  saying 
he  was  only  in  the  way  of  others. 

"  When  America  has  such  tars,  she  has  little  to  fear  from 
the  tyrants  of  the  ocean."  —  Niles's  Weekly  Register,  Satur 
day,  Feb.  26,  1814. 


(B.) 

At  the  August  meeting  of  the  Massachusetts  His 
torical  Society,  an  interesting  memorial  of  the  last 
century  was  displayed.  It  was  a  silk  flag,  bearing  the 
device  of  a  Pine-tree  and  a  Buck,  with  the  initials 


APPENDIX.  207 

"  J.  H."  and  "  G.  W."  over  a  scroll,  on  which  ap 
pear  the  words,  "  The  Bucks  of  America."  This 
relic  had  been  carefully  preserved  as  the  flag  pre 
sented  by  Governor  Hancock  to  a  company  of  colored 
soldiers  bearing  that  name.  It  now  belongs  to 
Mr.  William  C.  Nell,  of  Boston.  Mr.  Nell  is  the 
author  of  a  volume  entitled  "  The  Colored  Patriots 
of  the  American  Revolution,  with  Sketches  of  several 
Distinguished  Colored  Persons ;  "  a  book  that  contains 
a  great  number  of  interesting  anecdotes  on  the  sub 
ject.  It  was  published  in  1855,  and  is  now  out  of 
print;  but  a  new  edition,  considerably  enlarged,  is, 
I  am  happy  to  hear,  soon  to  be  issued. 


(C.) 


NEGRO    REGIMENTS   IN   THE   STATE    OF   NEW   YORK. 

That  the  services  of  negroes,  as  soldiers,  were 
solicited  and  welcomed  by  the  civil  and  military  au 
thorities  in  various  parts  of  the  United  States,  during 
the  war  of  1812  with  Great  Britain,  is  too  well  known 
to  need  any  illustration.  It  may  not,  however,  be  out 
of  place  here  to  reprint  an  act  of  the  Legislature  of 
the  State  of  New  York. 

11  An  Act  to  authorize  the  raising  of  Two  Regiments  of  Men  of  Color  ; 
passed  Oct.  24,  1814. 

"  SECT.  1.  Be  it  enacted  by  the  people  of  the  State  of 
New  York,  represented  in  Senate  and  Assembly,  That  the 


208  APPENDIX. 

Governor  of  the  State  be,  and  he  is  hereby,  authorized  to 
raise,  by  voluntary  enlistment,  two  regiments  of  free  men 
of  color,  for  the  defence  of  the  State  for  three  years,  un 
less  sooner  discharged. 

"  SECT.  2.  And  be  it  further  enacted,  That  each  of  the 
said  regiments  shall  consist  of  one  thousand  and  eighty 
able-bodied  men ;  and  the  said  regiments  shall  be  formed 
into  a  brigade,  or  be  organized  in  such  manner,  and  shall 
bo  employed  in  such  service,  as  the  Governor  of  the  State 
of  New  York  shall  deem  best  adapted  to  defend  the  said 
State. 

"  SECT.  3.  And  be  it  further  enacted,  That  all  the  com 
missioned  officers  of  the  said  regiments  and  brigade  shall 
be  white  men ;  and  the  Governor  of  the  State  of  New 
York  shall  be,  and  he  is  hereby,  authorized  to  commission, 
by  brevet,  all  the  officers  of  the  said  regiments  and  brigade, 
who  shall  hold  their  respective  commissions  until  the 
council  of  appointment  shall  have  appointed  the  officers  of 
the  said  regiments  and  brigade,  in  pursuance  of  the  Consti 
tution  and  laws  of  the  said  State. 

"  SECT.  4.  And  be  it  further  enacted,  That  the  commis 
sioned  officers  of  the  said  regiments  and  brigade  shall 
receive  the  same  pay,  rations,  forage,  and  allowances,  as 
officers  of  the  same  grade  in  the  army  of  the  United  States  ; 
and  the  non-commissioned  officers,  musicians,  and  privates 
of  the  said  regiments  shall  receive  the  same  pay,  rations, 
clothing,  and  allowances,  as  the  non-commissioned  officers, 
musicians,  and  privates  of  the  army  of  the  United  States ; 
and  the  sum  of  twenty-five  dollars  shall  be  paid  to  each  of 
the  said  non-commissioned  officers,  musicians,  and  pri 
vates,  at  the  time  of  enlistment,  in  lieu  of  all  other 
bounty. 

"  SECT.  5.  And  be  it  further  enacted,  That  the  troops  to 
be  raised  as  aforesaid  may  be  transferred  into  the  service 
of  the  United  States,  if  the  Government  of  the  United 
States  shall  agree  to  pay  and  subsist  them,  and  to  refund 


APPENDIX.  209 

to  this  State  the  moneys  expended  by  this  State  in  clothing 
and  arming  them ;  and,  until  such  transfer  shall  be  made, 
may  be  ordered  into  the  service  of  the  United  States  in 
lieu  of  an  equal  number  of  militia,  whenever  the  militia  of 
the  State  of  New  York  shall  be  ordered  into  the  service 
of  the  United  States. 

"  SECT.  6.  And  be  it  further  enacted,  That  it  shall  be 
lawful  for  any  able-bodied  slave,  with  the  written  assent  of 
his  master  or  mistress,  to  enlist  into  the  said  corps ;  and 
the  master  or  mistress  of  such  slave  shall  be  entitled  to  the 
pay  and  bounty  allowed  him  for  his  service :  and,  further, 
that  the  said  slave,  at  the  time  of  receiving  his  discharge, 
shall  be  deemed  and  adjudged  to  have  been  legally  manu 
mitted  from  that  time,  and  his  said  master  or  mistress  shall 
not  thenceforward  be  liable  for  his  maintenance. 

"  SECT.  7.  And  be  it  further  enacted,  that  every  such 
enrolled  person,  who  shall  have  become  free  by  manumis 
sion  or  otherwise,  if  he  shall  thereafter  become  indigent, 
shall  be  deemed  to  be  settled  in  the  town  in  which  the 
person  who  manumitted  him  was  settled  at  the  time  of 
such  manumission,  or  in  such  other  town  where  he  shall 
have  gained  a  settlement  subsequent  to  his  discharge  from 
the  said  service  ;  and  the  former  owner  or  owners  of  such 
manumitted  person,  and  his  legal  representatives,  shall  be 
exonerated  from  his  maintenance,  any  law  to  the  contrary 
hereof  notwithstanding. 

"  SECT.  8.  And  be  it  further  enacted,  That,  when  the 
troops  to  be  raised  as  aforesaid  shall  be  in  the  service  of 
the  United  States,  they  shall  be  subject  to  the  rules  and 
articles  which  have  been  or  may  be  hereafter  established 
by  the  By-laws  of  the  United  States  for  the  government  of 
the  army  of  the  United  States ;  that,  when  the  said  troops 
shall  be  in  the  service  of  the  State  of  New  York,  they 
shall  be  subject  to  the  same  rules  and  regulations :  And 
the  Governor  of  the  said  State  shall  be,  and  he  is  hereby,  t 
authorized  and  directed  to  exercise  all  the  power  and  au- 

27 


210  APPENDIX. 

thority  which,  by  the  said  rules  and  articles,  are  required 
to  be  exercised  by  the  President  of  the  United  States."  — 
Laws  of  the  State  of  New  York,  passed  at  the  Thirty-eighth 
Session  of  the  Legislature,  chap,  xviii. 


(DO 

GENEEAL   JACKSON'S   PROCLAMATION   TO   THE   NEGROES. 

HEADQUARTERS,  SEVENTH  MILITARY  DISTRICT, 
MOBILE,  September  21,  1814. 

To  the  Free  Colored  Inhabitants  of  Louisiana. 

Through  a  mistaken  policy,  you  have  heretofore  been 
deprived  of  a  participation  in  the  glorious  struggle  for  na 
tional  rights  in  which  our  country  is  engaged.  This  no 
longer  shall  exist. 

As  sons  of  freedom,  you  are  now  called  upon  to  defend 
our  most  inestimable  blessing.  As  Americans,  your  country 
looks  with  confidence  to  her  adopted  children  for  a  valorous 
support,  as  a  faithful  return  for  the  advantages  enjoyed 
under  her  mild  and  equitable  government.  As  fathers, 
husbands,  and  brothers,  you  are  summoned  to  rally  around 
the  standard  of  the  Eagle,  to  defend  all  which  is  dear  in 
existence. 

Your  country,  although  calling  for  your  exertions,  does 
not  wish  you  to  engage  in  her  cause  without  amply  remuner 
ating  you  for  the  services  rendered.  Your  intelligent  minds 
are  not  to  be  led  away  by  false  representations.  Your  love 
of  honor  would  cause  you  to  despise  the  man  who  should 
attempt  to  deceive  you.  In  the  sincerity  of  a  soldier  and 
the  language  of  truth  I  address  you. 

To  every  noble-hearted,  generous  freeman  of  color  volun 
teering  to  serve  during  the  present  contest  with  Great 
Britain,  and  no  longer,  there  will  be  paid  the  same  bounty, 


APPENDIX.  211 

in  money  and  lands,  now  received  by  the  white  soldiers  of 
the  United  States,  viz.  one  hundred  and  twenty-four  dollars 
in  money,  and  one  hundred  and  sixty  acres  of  land.  The 
non-commissioned  officers  and  privates  will  also  be  entitled 
to  the  same  monthly  pay,  and  daily  rations,  and  clothes, 
furnished  to  any  American  soldier. 

On  enrolling  yourselves  in  companies,  the  Major-General 
Commanding  will  select  officers  for  your  government  from 
your  white  fellow-citizens.  Your  non-commissioned  officers 
will  be  appointed  from  among  yourselves. 

Due  regard  will  be  paid  to  the  feelings  of  freemen  and 
soldiers.  You  will  not,  by  being  associated  with  white  men 
in  the  same  corps,  be  exposed  to  improper  comparisons  or 
unjust  sarcasm.  As  a  distinct,  independent  battalion  or 
regiment,  pursuing  the  path  of  glory,  you  will,  undivided, 
receive  the  applause  and  gratitude  of  your  countrymen. 

To  assure  you  of  the  sincerity  of  my  intentions,  and  my 
anxiety  to  engage  your  invaluable  services  to  our  country, 
I  have  communicated  my  wishes  to  the  Governor  of  Lou 
isiana,  who  is  fully  informed  as  to  the  manner  of  enrolment, 
and  will  give  you  every  necessary  information  on  the  subject 

of  this  address. 

ANDREW  JACKSON,  Major-General  Commanding. 
(Niles's  Register,  vol.  vii.  p.  205.) 

Three  months  after  his  proclamation  was  issued,  on 
Sunday,  the  18th  of  December,  1814,  General  Jack 
son  reviewed  the  troops,  white  and  colored,  in  New 
Orleans.  "At  the  close  of  the  review,  Edward  Living 
ston  [one  of  his  aids]  advanced  from  the  group  that 
surrounded  the  General,  and  read  in  fine,  sonorous 
tones,  and  with  an  energy  and  emphasis  worthy  of  the 
impassioned  words  he  spoke,  that  famous  address  to 
the  troops  which  contributed  so  powerfully  to  enhance 
their  enthusiasm,  and  of  which  the  survivors  to  this 


212  APPENDIX. 

hour  have  the  most  vivid  recollection.  This  address, 
like  that  previously  quoted,  was  Jackson's  spirit  in 
Livingston's  language."  —  Parton's  Life  of  Jackson, 
vol.  ii.  pp.  63,  64. 

The  following  is  a  portion  of  the  address :  — 

"  To  THE  EMBODIED  MILITIA.  —  Fellow  Citizens  and  Sol 
diers  :  The  General  commanding  in  chief  would  not  do 
justice  to  the  noble  ardor  that  has  animated  you  in  the 
hour  of  danger,  he  would  not  do  justice  to  his  own  feeling, 
if  he  suffered  the  example  you  have  shown  to  pass  with 
out  public  notice. 

"  Fellow  -citizens,  of  every  description,  remember  for 
what  and  against  whom  you  contend.  For  all  that  can 
render  life  desirable  —  for  a  country  blessed  with  every 
gift  of  nature  —  for  property,  for  life  —  for  those  dearer 
than  either,  your  wives  and  children  —  and  for  liberty, 
without  which,  country,  life,  property,  are  no  longer  worth 
possessing ;  as  even  the  embraces  of  wives  and  children 
become  a  reproach  to  the  wretch  who  could  deprive  them 
by  his  cowardice  of  those  invaluable  blessings. 

"  To  THE  MEN  OF  COLOE.  —  Soldiers  !  From  the  shores 
of  Mobile  I  collected  you  to  arms,  — I  invited  you  to  share 
in  the  perils  and  to  divide  the  glory  of  your  white  country 
men.  I  expected  much  from  you ;  for  I  was  not  uninformed 
of  those  qualities  which  must  render  you  so  formidable  to 
an  invading  foe.  I  knew  that  you  could  endure  hunger 
and  thirst,  and  all  the  hardships  of  war.  I  knew  that  you 
loved  the  land  of  your  nativity,  and  that,  like  ourselves, 
you  had  to  defend  all  that  is  most  dear  to  man.  But  you 
surpass  my  hopes.  I  have  found  in  you,  united  to  these 
qualities,  that  noble  enthusiasm  which  impels  to  great 
deeds. 


APPENDIX.  213 

"  Soldiers  !  The  President  of  the  United  States  shall  be 
informed  of  your  conduct  on  the  present  occasion;  and  the 
voice  of  the  Representatives  of  the  American  nation  shall 
applaud  your  valor,  as  your  General  now  praises  your 
ardor.  The  enemy  is  near.  His  sails  cover  the  lakes. 
But  the  brave  are  united ;  and,  if  he  finds  us  contending 
among  ourselves,  it  will  be  for  the  prize  of  valor,  and  fame 
its  noblest  reward."  — Niles's  Register,  vol.  vii.  pp.  345,  346. 


(E.) 

The  Hon.  Charles  B.  Sedgwick,  a  member  of  Con 
gress  from  the  State  of  New  York,  read  in  the 
House  of  Representatives,  during  the  last  session, 
the  following  paper  on  the  use  of  negro  soldiers 
in  other  countries.  It  is  understood  to  have  been 
prepared  by  one  of  the  librarians  of  the  State  Library 
at  Albany. 

NEGRO   SOLDIERS   UNDER   MONARCHICAL   GOVERNMENTS. 

"  The  monarchical  governments  of  Europe  and  America, 
those  that  tolerate  slavery  and  those  that  do  not,  alike 
agree  in  employing  negroes  armed  for  the  public  defence. 
They  find  that  the  burdens  of  war,  and  the  sacrifice  of  life 
it  occasions,  are  too  great  to  be  borne  by  the  white  race 
alone.  They  call  upon  the  colored  races,  therefore,  to 
share  in  the  burden,  and  to  encounter,  in  common  with  the 
whites,  the  risks  of  loss  of  life. 

"  Thus  we  find,  that  in  the  Spanish  colony  of  Cuba,  with 
a  population  one-half  slaves  and  one-sixth  colored,  a  militia 
of  free  blacks  and  mulattoes  was  directed  by  Gen.  Pezuela 
(Governor-General)  to  be  organized  in  1854  throughout 

28 


214  APPENDIX. 

the  island;  and  it  was  put  upon  an  equal  footing,  with 
regard  to  privilege,  with  the  regular  army.  This  measure 
was  not  rescinded  by  Governor-General  Concha  in  1855  ; 
but  the  black  and  mulatto  troops  have  been  made  a  perma 
nent  corps  of  the  Spanish  army.  (Condensed  in  the  very 
phrases  of  Thrasher's  preface  to  his  edition  of  Humboldt's 
Cuba.) 

"  In  the  Portuguese  colonies  on  the  coast  of  Africa,  the 
regiments  are  chiefly  composed  of  black  men.  At  Prince's 
Island,  the  garrison  consists  of  a  company  of  regular  artil 
lery  of  eighty,  and  a  regiment  of  black  militia  of  ten 
hundred  and  fifty-eight,  rank  and  file,  of  which  the  colonel 
is  a  white  man.  At  St.  Thomas's,  there  are  two  regiments 
of  black  militia.  In  Loando,  the  Portuguese  can,  on  an 
emergency  of  war  with  the  natives,  bring  into  the  field 
twenty-five  thousand  partially  civilized  blacks,  armed  with 
muskets.  Successful  expeditions  have  actually  been  made 
with  five  thousand  of  them,  accompanied  with  three  or  four 
hundred  white  soldiers.  (From  Valdez's  Six  Years  on  the 
West  Coast  of  Africa.  London:  1861.  Two  vols.  8vo.) 

"  In  the  Dutch  colony  of  the  Gold  Coast  of  Africa,  with 
a  population  of  one  hundred  thousand,  the  garrison  of  the 
fortress  consists  of  two  hundred  soldiers  (whites,  mulattoes, 
and  blacks),  under  a  Dutch  colonel. 

"  In  the  capital  of  the  French  colony  of  Senegal,  on  the 
same  coast,  at  St.  Louis,  the  defence  of  the  place  is  in 
the  hands  of  eight  hundred  white  and  three  hundred  black 
soldiers.  (The  preceding  facts  are  also  from  Valdez.) 

"  In  the  Danish  island  of  St.  Croix,  in  the  West  Indies, 
for  more  than  twenty-five  years  past,  there  have  been 
employed  two  corps  of  colored  soldiers,  in  the  presence  of 
slaves.  (From  Tuckerman's  Santa  Cruz.) 

"  In  Brazil,  notwithstanding  its  three  million  slaves,  its 
monarchical  government  employs  all  colors  and  races  in  the 
military  service,  either  by  enlistment  or  forcible  seizure. 
The  police  of  the  city  of  Rio  de  Janeiro  is  a  military 


APPENDIX.  215 

organization,  composed  mostly  of  colored  men,  drilled  and 
commanded  by  army  officers.  The  navy  is  principally 
manned  by  civilized  aborigines.  (Hidder:  Ewbank.) 

"The  course  pursued  by  the  British  Government  in 
Jamaica,  Sierra  Leone,  and  Hindostan,  is  so  notorious,  as 
simply  to  need  to  be  mentioned. 

"  In  Turkey,  no  distinction  of  color  or  race  is  made  in 
the  ranks  of  the  regular  army.  Distinction  is  made,  how 
ever,  on  the  ground  of  difference  of  faith.  The  army  is 
composed  of  Mahomedans.  Christians  and  Jews  are  never 
recruited.  The  result  is  one  which  the  government  of 
Turkey  to-day  contemplates  with  alarm.  For  the  last  two 
hundred  years,  having  been  frequently  engaged  in  war, 
her  Mahomedan  population  has  been  greatly  reduced  there 
by;  while  her  Christian  population,  at  one  time  greatly 
inferior  in  numbers,  has  now,  by  peace,  so  extraordinarily 
increased,  as  to  bid  fair  soon  to  divide  the  empire.  And  she 
dare  not  now,  in  her  strength,  arm  them  as  her  soldiers  as 
conscripts,  notwithstanding  her  desire  to  do  it." 


PRINTED    BY    JOHN    WILSON    AND    SON,    BOSTON. 


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